Court No. - 50
Case :- CRIMINAL APPEAL No. - 2177 of 2018 Appellant :- Sushil Respondent :- State Of U.P.
Counsel for Appellant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Re : Criminal Misc. Bail Application No. 01 of 2018
Counter affidavit filed by learned A.G.A. today in the court is taken on record.
Heard learned counsel for the applicant-appellant, learned AGA for the State and perused the record.
Learned counsel for the applicant-appellant contended that the applicant-appellant has been falsely implicated in police party no injury encounter case and has been wrongly convicted and sentenced with 5 years rigorous imprisonment u/s 148, 307/149 I.P.C. and u/s 25 Arms Act; that the entire prosecution story is false and incorrect and there is no independent witness of the arrest and recovery of the kidnapped person from the appellant; that the appellant was on bail during trial; that the co-convict has been granted bail in criminal appeal no. 2491 of 2018; that applicant-appellant undertakes that he will remain present on each and every date, whenever the court requires him and otherwise his counsel will remain present for arguments in the appeal; that the applicant-appellant has no criminal history; that the applicant-appellant has every hope of success in appeal, but there is no likelihood of disposal of appeal in near future;that the applicant-appellant is in jail since 10.04.2018.
Learned AGA vehemently opposed the prayer for bail.
Considering the unlikelihood of early hearing of appeal, complicity of convict and sentence, grant of bail to co-convict 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 applicant-appellant Sushil be released on bail on his furnishing a personal bond and two Jsureties in the like amount to the satisfaction of trial Judge concerned in S.T. No. 360 of 2013 (State vs. Sushil), Case Crime No.147 of 2012 u/s 148 and 307/149 I.P.C. alongwith Sessions Trial No.360 of 2013, Case Crime No.147 of 2012 u/s 25 Arms Act, P.S. Phalawda, District Meerut and subject to deposit of entire amount of fine imposed on him and undertaking that applicant-appellant 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 :- 30.7.2018 Kamar/Vibha