Court No. - 51
Case :- CRIMINAL APPEAL No. - 2239 of 2018
Appellant :- Shyam Lal Chauhan
Respondent :- State Of U.P.
Counsel for Appellant :- Prakash Chandra Srivastava
Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
ORDER ON THE CRIMINAL MISC. BAIL APPLICATION Heard learned counsel for the applicant-appellant and learned AGA for the State.
This is the first bail application moved on behalf of applicant-appellant Shyam Lal Chauhan in S.T. No. 365 of 2015 (State of U.P. Vs. Brujbhan Chauhan and another) arising out of case crime No. 87 of 2015, under Section 302/34, 504 and 506 of I.P.C., Police Station Jahanaganj, District Azamgarh.
Contention of learned counsel for the appellant is that all the witnesses have not actually seen the present appellant firing upon the deceased. They have reached the spot after hearing of gun shot of firing and reliance has been placed on the statements of PW-3 Shanti Devi and PW-2 Tara Devi. It is next contended that the appeal becomes arguable and there is every 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 Shyam Lal Chauhan 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 applicant - appellant is directed to deposit 50 per cent of the fine within a period of one month from the date of his 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 :- 24.9.2018 Ram Chander