Court No. - 50
Case :- CRIMINAL APPEAL No. - 4010 of 2018 Appellant :- Raubi And Another Respondent :- State Of U.P.
Counsel for Appellant :- Pradeep Kumar Bhardwaj Counsel for Respondent :- G.A. Hon'ble Harsh Kumar,J. Admit.
Summon the lower Court record.
Issue notice to opposite party. Notice need not be set to learned A.G.A. as he has already received the same. List after receipt of record.
Order Date :- 27.7.2018 S. Thakur
Court No. - 50
Case :- CRIMINAL APPEAL No. - 4010 of 2018 Appellant :- Raubi And Another Respondent :- State Of U.P.
Counsel for Appellant :- Pradeep Kumar Bhardwaj Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Re: Criminal Misc. Bail Application No. 1 of 2018
Heard learned counsel for the applicants-appellants, learned AGA for the State and perused the record.
Learned counsel for the applicants-appellants submits that applicants-appellants have been falsely implicated and have been wrongly convicted for the offences under Sections 323 read with Section 34, 325 read with Section 34 and 504 I.P.C. and 3(1)(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act; that the applicants-appellants have been sentenced with maximum rigorous imprisonment for four years and fine; that during trial applicants-appellants were on bail and have not misused the liberty of bail and are in custody since the date of judgement of conviction i.e. 18.07.2018; that the entire prosecution story is absolutely false and incorrect; that there are material contradictions in prosecution evidence; that the trial court has acted wrongly and illegally in convicting the accused-appellants and they have every hope of success in appeal; that there is no likelihood of appeal to be heard in near future due to huge pendency of appeals before the court; that the applicants-appellants have no criminal history; that the applicants-appellants undertake that they will not misuse the liberty of bail and shall remain present before the Court as and when required and they will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing.
Learned A.G.A. vehemently opposed the prayer of bail and contended that the applicants-appellants have been rightly convicted for the offences; that there is sufficient evidence of offences on record against the applicants-appellants.
Considering the unlikelihood of early hearing of appeal, complicity of convicts and sentence as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for grant of bail during pendency of the appeal.
Let the applicants-appellants Raubi and Veeru be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of trial Judge concerned in Session Trial No. 101 of 2007 arising out of Case Crime No.175 of 1999, under Sections 323, 504, 325 I.P.C. and 3(1) (10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Sahpau, District Hathras, and subject to deposit of half amount of fine imposed on them and undertaking that applicants-appellants will cooperate with the hearing of the appeal.
As soon as personal 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 :- 27.7.2018 S. Thakur