Court No. - 64
Case :- CRIMINAL APPEAL No. - 7314 of 2019 Appellant :- Ram Niwas Respondent :- State of U.P.
Counsel for Appellant :- Mahendra Singh Counsel for Respondent :- G.A. Hon'ble Suresh Kumar Gupta,J. (Order on appeal) Summon the lower court record.
List in due course.
(Order on Bail Application).
Heard learned counsel for the appellant / applicant, the learned A.G.A for the State and perused the record.
Applicant/appellant-Ram Niwas has been convicted in S.T. No. 38 of 2004 arising out of Case Crime No. 142 of 2003, P.S. Dhanari, District-Badaun and has been sentenced for the offence under section 3 of U.P. Gangster and Anti-Social Activities (Prevention) Act for seven years rigorous imprisonment and fine of Rs. 15000/- and in default of payment of the fine further 6 months additional simple imprisonment.
Learned counsel for the appellant / applicant submits that the applicant-appellant is innocent and has falsely been implicated in the present case. He further submits that appellant-applicant is neither leader nor member of any gang. He further submits that the learned trial court without appreciating the evidence on record has convicted the appellant. He further submits that all the witnesses are interested witnesses and their statements are deliberately untruthful. He further submits that 10 cases shown against the appellant-applicant in the Gang Chart and out of 8 cases from 10 he has already been acquitted and in remaining two he is on bail. He further submits that the applicant- appellant was on bail during trial and has not misused the liberty of bail. He is in jail since 26.9.2019. He next submitted that due to huge pendency before this Court, there is no chance for expedite disposal of the appeal and applicant / appellant is ready to co-operate with the hearing of appeal for early disposal of this appeal.
Learned A.G.A for the State has vehemently opposed the prayer for bail and submitted that the applicant /appellant has rightly been convicted for the offence and there is sufficient evidence available on record against the applicant/appellant. Learned A.G.A has further submitted that there is no illegality in the impugned order and judgment, hence, the applicant/appellant is not entitled for bail.
After hearing the rival submissions of the parties and perusal of record and period of sentence, without expressing any opinion on merits, I find that it is a fit case for grant of bail of appellant/applicant during the pendency of the appeal.
Let the appellant/applicant-Ram Niwas be released on bail on furnishing personal bond and two sureties in the like amount to the satisfaction of Court below on the condition that the appellant/applicant will co-operate with the hearing of the appeal. However, it is made clear that the fine has not be stayed.
As soon as personal bonds and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
Order Date :- 16.12.2019 Vibha Singh