Court No. - 44
Case :- CRIMINAL APPEAL No. - 7419 of 2018 Appellant :- Uday Veer Respondent :- State Of U.P.
Counsel for Appellant :- Arun Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the appellant and learned AGA for the State and perused the record. Admit.
Notice on behalf of State has been accepted by learned AGA. Summon the lower court record.
List before the appropriate Bench in due course.
Order on Criminal Misc. Bail Application No. 1 of 2018
Submission of learned counsel for the appellant is that appellant is convicted and sentenced in the present matter for the offence under Section 366/34 IPC for four years rigorous imprisonment and fine of Rs. 5,000/- along with default clause and also for the offence under Section 506 IPC for six months rigorous imprisonment along with fine. Prosecution case was found false for the offence under Section 376 IPC against the accused appellant. Referring to the finding of trial court it is also submitted that offence under Section 366/34 IPC is not made out. Appellant was on bail during trial. Maximum sentence imposed upon about four years.
Learned AGA opposed the prayer.
Keeping in view the nature of offence, sentence awarded to the appellant and considering the evidence available on record and the finding recorded by the trial court thereon as well as the submissions made by learned counsel for the parties without expressing any opinion on merits of the case, I am of the opinion that appellants have made out a case for bail.
Let the appellants Uday Veer convicted and sentenced in session trial no. 406 of 2016 arising out of Case Crime No. 366 of 2012, under Sections 366, 376, 506 IPC, P.S. Tirwa, District Kannauj be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned.On acceptance of bail bond and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on record.
Further, fine amount imposed by the court below in the impugned judgment and order, shall be deposited by the appellants within two months from the date of their release.
Order Date :- 18.12.2018 Sanjeet