Court No. - 51
Case :- CRIMINAL APPEAL No. - 4923 of 2015 Appellant :- Veerendra Respondent :- State Of U.P.
Counsel for Appellant :- Rajendra Singh,Krishna Dutt Tiwari Counsel for Respondent :- G.A.,Ashok Kumar Singh,Preet Pal Singh Rathore
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
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 in S.T. No. 591 of 2010 arising out of case crime No. 823 of 2009, under Section 452, 302/34 of IPC and ST No. 1096 of 2010 arising out of case Crime No. 831 of 2009 under Section 25 of Arms Act, Police Station Rajpura, District Budaun.
Contention of learned counsel for the appellant is that during trial appellant was on bail which liberty was not misused or abused by him. The first information report was lodged by Soran Singh and in his report he has specified the role of firing to Shyoraj and Veerendra. The contention of the counsel for the appellant is that PW-2 Chatrapal was also present at the spot along with Soren and Chatrapal has assigned role of firing to all the four accused persons that they had indulged in the firing. The deceased has received only one gunshot wound entry. Further contention is that in view of the contradictions in the testimony of PW-1 and PW-2 grant of indulgence is made out. It is next contended that in these facts and circumstances, the appeal becomes arguable and there is 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 Veerendra 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 the fine as imposed by the court concerned 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 :- 25.9.2018 Ram Chander