Court No. - 51
Case :- CRIMINAL APPEAL No. - 1165 of 2018 Appellant :- Shankar And 5 Ors.
Respondent :- State Of U.P.
Counsel for Appellant :- Shri Niwash Yadav,Kamal Krishna Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the applicants-appellants and learned AGA for the State.
This is the first bail application moved on behalf of applicants- appellants in S.T. No. 46 of 2001 arising out of 228 of 1988 under Section 147, 323/149, 307/149, 302/149 of I.P.C., Police Station Madhuban, District Azamgarh.
It is contended by the learned counsel for the applicants that the applicants have been falsely implicated in the present case due to ulterior motive. It is further contended that it is a matter of cross case. F.I.R. was lodged from both the sides and both the parties have sustained injuries. At this stage, it cannot be said as to which party was the aggressor and the alleged incident had taken place at the spur of the moment. It is next contended that in these facts and circumstances, the appeal becomes arguable and there is likelihood of the appeal being allowed if it is heard on merit, however, there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail.
In view of the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The bail application is allowed.
Let the applicant-appellant Shankar, Ram Bachan, Babulal, Pujan, Ram Bilash and Indrashan convicted and sentenced in above mentioned crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The applicants - appellants are directed to deposit Rs. 20,000/- each within a period of one month from the date of their release from jail. The realization of rest of the fine shall remain stayed during the pendency of the appeal. It is made clear that in case, the fine, as directed, is not deposited within the time as specified above, the same shall be recovered in accordance with law.
Order Date :- 20.9.2018 Ram Chander