Order on Appeal.
Heard learned counsel for appellant, learned AGA on behalf of State and perused the impugned judgement. Admit.
Notice on behalf of State has been accepted by learned AGA who may file objections/counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter. Summon the lower Court record.
List after receipt of the lower court record.
Order Date :- 22.4.2014 LBY Court No. - 43 Case :- CRIMINAL APPEAL No. - 1673 of 2014 Appellant :- Vinay Singh @ Veerendra Singh And 2 Others Respondent :- State Of U.P.
Counsel for Appellant :- S.N. Pandey Counsel for Respondent :- Govt. Advocate Hon'ble Anil Kumar Sharma,J.
Order on Bail Application No. 146676 of 2014.
Heard learned counsel for appellant, learned AGA on behalf of State and perused the impugned judgement. It has been argued by learned counsel for appellants that the trial Court has illegally convicted the appellants in the case without correctly appreciating the evidence adduced by the prosecution; that on page 15 of the impugned judgment the trial Court referring to the medical report of the injured has noted that no grievous injury has been caused on vital part of the injured; that the appellants have been sentenced to the maximum period of rigorous imprisonment under sections 308/149 IPC for three years with fine of Rs.6,500/- apart from other sentences under different counts. It is also submitted that the fine imposed by the trial Court has already been deposited by the appellants. Bail application is opposed by the learned AGA on behalf of the State.
Considering the facts and circumstances of the case as also the nature of evidence adduced during trial, in my opinion, the appellants deserve for bail. Let appellants Vinay Singh @ Veerendra Singh, Dhannu Singh @ Dhananjai and Surendra Singh be released on bail in ST No. 66 of 2005 (State Vs. Vinay Singh & others) arising out of Case Crime No. 363 of 2001 PS Nagar, District Basti on their furnishing personal bonds with two sureties of the like amount to the satisfaction of the Court concerned. As soon as the bail bonds and surety bonds are accepted by the Court concerned, photo copies thereof be transmitted to the Court to be kept on record of the appeal. Order Date :- 22.4.2014/LBY