Court No. - 36
Case :- CRIMINAL APPEAL No. - 3283 of 2014 Appellant :- Smt. Sundariya And 2 Others Respondent :- State Of U.P.
Counsel for Appellant :- Ali Hasan,Dhirendra Singh,Ratnesh Kr. Mishra Counsel for Respondent :- Govt.Advocate,I.K.Chaturvedi Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Ref:- Crl. Misc. Bail Application No.284759 of 2014.
Counter affidavit filed on behalf of the State is taken on record.
Heard Sri Istiyak Ahmad, learned counsel for the appellants, Sri I.K. Chaturvedi, learned counsel for the complainant and Sri Ashis Pandey, learned A.G.A for the State.
It is submitted by learned counsel for the appellant No.3, Nankawa, as per the prosecution case, has been assigned role of exhortation and further it was stated that appellant No.1 Smt. Sundariya did not hit on the deceased. So far as the appellant No.2 Radhey Shyam is concerned he has also shot fire on the deceased. He submits that the case of appellant No.2 Radhey Shyam is distinguished from the case of appellants No.1 and 3. He further submitted that the appellants have been falsely implicated in the present case and there is no credible evidence against the appellants to show their complicity in the commission of the alleged offence. It is further submitted that the appellants No.1 and 3 are on bail and have not misused the liberty of bail.
Learned A.G.A. vehemently opposed the prayer for bail and submitted that the case of the appellant Nos.1 and 3 is distinguished from the case of appellant No. 2, Radhey Shyam who is the main shooter.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellants, we are of the opinion that the appellants No.1 and 3 are entitled to be released on bail.
The application is, accordingly, allowed.
Let the appellants No. 1 Smt. Sundariya and appellant No.3 Nankawa convicted and sentenced in S.T. No.11 of 2009, arising out of Crime No.785 of 2008, under sections 307/34,302/34, I.P.C, Police Station Rajapur, District Chitrakoot and connected S.T. No. 12 of 2009 arising out of Crime No.824 of 2008, under sections 25 Arms Act, Police Station Rajapur, District Chitrkoot and S.T. No. 13 of 2009 arising out of Crime No.790 of 2008, under section 25 Arms Act, Police Station Rajapur, District Chitrakoot be released on bail on furnishing a personal bond with two heavy sureties (one should be of family member) each in the like amount by each of them to the satisfaction of the court concerned.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
So far as the appellant No.2 Radhey Shyam is concerned, his bail is rejected.
Prayer for stay of realization of fine imposed by the trial court in the impugned judgment and order is refused. However, it is provided that the appellants shall deposit the same within a period of one month from the date of his release.
The hearing of the appeal is expedited.
Office is directed to prepare the paper book within six months and list the same before appropriate Bench for final hearing.
(Rekha Dikshit,J) (Ramesh Sinha,J) Order Date :- 19.4.2017 G.S