Court No. - 55
Case :- CRIMINAL APPEAL No. - 3713 of 2015 Appellant :- Ramjeet Singh And 7 Others Respondent :- State Of U.P.
Counsel for Appellant :- Samit Gopal,Somya Chaturvedi Counsel for Respondent :- Govt.Advocate,Pramod Kumar Singh,Rajiv Lochan Shukla
Hon'ble Vikram Nath,J. Hon'ble Rajeev Misra,J.
Heard Sri Gopal Swaroop Chaturvedi, learned Senior Advocate assisted by Miss Somya Chaturvedi, learned counsel for the appellants, Sri Arunendra Kumar Singh, learned AGA for the State and Sri Pramod Kumar Singh, learned counsel for the complainant on the Second Bail Application No. 3660 of 2018 in Sessions Trial No. 121 of 2010 (State vs. Ramjeet & others), arising out of Case Crime No. 60 of 2009, under Sections 302/149, 307/149, 147, 148, 323/149, 504, 506 IPC, P.S.- Lalauli, District-
Fatehpur.
The first prayer for bail of the two applicants- Gogan @ Dinesh Singh and Chhotey Lal Singh was refused vide order dated 18.10.2016. By the same order, 6 other co- accused-appellants were granted bail. The ground for refusal of bail to the present 2 appellants-applicants was their criminal antecedents.
Sri Chaturvedi learned Senior Counsel submitted that after the order dated 18.10.2016 more than 2 years have passed and secondly in the other criminal cases under Section 302 IPC, the present appellants have been acquitted and copies of the judgements have been annexed along with the affidavit. Further, it is submitted that in paragraph 6 of the affidavit filed in support of the second bail application, criminal antecedents have been fully explained. On such submission, Sri Chaturvedi has submitted that bail may be granted to the present appellants-applicants also.
On the other hand, learned counsels for the complainant and for the State, submitted that the present appellants- applicants do not deserve bail for the reasons recorded in the order dated 18.10.2016 and status of the criminal antecedents has not changed since the time when the order dated 18.10.2016 was passed.
In reply, Sri Chaturvedi has submitted that role assigned to the present appellants-applicants and the other accused armed with fire-arm weapons was the same. No role has been assigned to any of the accused for causing fatal injury to the deceased-Raja Singh.
Having considered the submissions we are of the view that the appellants have made out a case for bail.
Let the appellants Gogan @ Dinesh Singh and Chhotey Lal Singh, convicted and sentenced in Sessions Trial No. 121 of 2010 (State vs. Ramjeet & others), arising out of Case Crime No. 60 of 2009, under Sections 302/149, 307/149, 147, 148, 323/149, 504, 506 IPC, P.S.- Lalauli, District- Fatehpur, be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned.
On acceptance of bail bonds and personal bonds, the lower Court shall transmit photostat copies thereof to this Court for being kept on the record of these appeals.
Order Date :- 26.2.2019 P Kesari