Court No. - 51
Case :- CRIMINAL APPEAL No. - 344 of 2018
Appellant :- Vijay Kumar
Respondent :- State Of U.P.
Counsel for Appellant :- Rama Shankar Mishra
Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Chandra Dhari Singh,J.
Order on Criminal Misc. Bail Application This is a bail application moved on behalf of appellant Vijay Kumar in the instant criminal appeal.
Heard learned counsel for the parties and perused the record.
Contention of the learned counsel for the appellant is that the appellant is the father-in-law and he is a senior citizen and he has been falsely implicated in the present case due to ulterior motive; even though there is a dying declaration but the name of the appellant has not been mentioned in the dying declaration; the appellant was on bail during trial which liberty has never been misused or abused by him; there is no likelihood of the appeal being heard in near future and there is every likelihood of the appeal being allowed.
Learned A.G.A. has strongly opposed the prayer for bail.
Without expressing any opinion on the merits of the case, let the appellant- Vijay Kumar convicted and sentenced in S.T. No. 805/2015 arising out of case crime no. 782/2015, u/s 498A, 304B IPC & 3/4 D.P. Act, PS Khurja Nagar District Bulandshahar be released on bail on his furnishing a personal bond with two sureties each in the like amount 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.
Twenty five percent of the fine shall be deposited by the appellant within a period of one month from the date of his release and balance amount of fine shall remain stayed during the pendency of this appeal. In case of default in depositing Twenty five percent of fine within the aforesaid period, the same shall be recovered in accordance with law.
Order Date :- 28.3.2018 Anand