Court No. - 75
Case :- CRIMINAL APPEAL No. - 5957 of 2019 Appellant :- Sonu Respondent :- State of U.P.
Counsel for Appellant :- Ram Babu Tiwari,Atul Kumar Counsel for Respondent :- G.A.,S. Naseem with Case :- CRIMINAL APPEAL No. - 5962 of 2019 Appellant :- Anuj Kumar Respondent :- State of U.P.
Counsel for Appellant :- Ram Babu Tiwari,Atul Kumar Counsel for Respondent :- G.A.,Pavan Kumar Mishra with Case :- CRIMINAL APPEAL No. - 5966 of 2019 Appellant :- Phool Kumar And Anr.
Respondent :- State of U.P.
Counsel for Appellant :- Ram Babu Tiwari,Atul Kumar,Pavan Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Ref : Criminal Misc. Bail Application No. 1 of 2019.
Heard learned Counsel for appellants, learned AGA for State and perused the material available on record.
Accused-appellants convicted in Sessions Trial No.
463 of 2009 (State vs. Phool Kumar and others) arising out of Case Crime No. 429 of 2009, under Section 304(2) I.P.C., Police Station Deoband, District Saharanpur, applied for bail pending appeal.
Learned counsel for the accused-appellants submits that appellants are innocent and have been falsely implicated in the present case. The maximum sentence awarded by Trial Court is five years under Section 304(2) I.P.C. Trial Court did not appreciate the evidence in right perspective. The judgement of trial court is bad in law and fact. There are general allegations against all the accused-appellants. The accused-appellants were on bail during trial but they did not misuse its liberty. Due to heavy pendency of appeals, this appeal is not likely to be heard in near future. In case the appellants are enlarged on bail, they shall not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail but conceded the factual position and submitted that the trial Court recorded conviction on the evidence available on record. Hence, the bail application is liable to be rejected.
Considering the facts and circumstances of the case, evidence adduced before trial court, rival contentions of learned Counsel for parties, injuries found on the person of deceased, role of appellants in incident and manner in which incident took place and without commenting upon merit of case, accused-appellants deserve bail.
Accordingly, bail application is allowed.
Let the appellants Sonu, Anuj Kumar, Phool Kumar and Jaipal be released on bail in the aforesaid matter, during pendency of appeal, on their furnishing a personal bond and two reliable sureties in the like amount before the trial Court concerned to its satisfaction.
Fine imposed by trial court be deposited before the release of appellants.
As soon as personal bonds and surety bonds are furnished, after keeping the same on record, photocopies are directed to be transmitted to this Court forthwith by trial Court concerned for keeping them on the record of appeal.
All appeals are directed to be listed in the month of December, 2021 for final hearing before appropriate Bench.
Order Date :- 27.7.2021 Manoj