Court No. - 50
Case :- CRIMINAL APPEAL No. - 7517 of 2017 Appellant :- Vishnu And 2 Ors.
Respondent :- State Of U.P.
Counsel for Appellant :- Rakesh Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Re: Criminal Misc. Bail Application No.410248 of 2017
It is reported that original record of this appeal was misplaced due to which the record was reconstructed. Since, the original record has been traced out, the reconstructed file is being merged with the original file.
Heard learned counsel for the applicants-appellants, learned AGA for the State and perused the record.
Learned counsel for the applicants-appellants submits that the applicant-appellant no.3, Smt. Kumkum, has already been granted bail vide order dated 13.12.2017; that applicants- appellants no.1 and 2 have been falsely implicated and have been wrongly convicted for the offences under Sections 147, 148, 307/149, 323, 324 IPC; that the applicants-appellants no.1 and 2 have been sentenced with maximum imprisonment for 5 years under Section 307/149 I.P.C. and fine; that in the FIR no specific role has been assigned to applicants-appellants no.1 and 2, however during evidence the applicant-appellant no.1 has been assigned with the role of causing incise wounds to Manoj and Vishnu and Shri Bhagwan has been assigned with the role of causing fire arm injury to Rakesh; that the injury report of Manoj does not state of any grievous injury and the appellant-applicant no.2 is not the author of fire arm injury sustained to Rakesh; that the injured, Rakesh and Satish were accused in case under Section 354-B with respect to applicant- appellant no.3; that during trial the co-accused, Hare Krishna was murdered by the prosecution party regarding which they have been summoned in S.T. No. 669 of 2015, which is pending against them; that the applicants-appellants have no criminal history; that the applicants-appellants were in jail for ten months during trial and also since the date of conviction; that the applicants-appellants undertake that they will not misuse the liberty of bail and shall remain present before the Court as and when required and they will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing.
Learned A.G.A. vehemently opposed the prayer of bail and contended that the applicants-appellants have been rightly convicted for the offences; that there is sufficient evidence of offences on record against the applicants-appellants.
Considering the unlikelihood of early hearing of appeal, complicity of convicts and sentence, grant of bail to co-accused 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 applicants-appellants, Vishnu and Shri Bhagwan be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No.84 of 2010, Case Crime No.243 of 2009, under sections 147, 148, 149, 307, 323, 324, 325, 326, 336, 384 IPC, P.S. Mahawan, District Mathura and subject to deposit of entire amount of fine imposed on them and undertaking that applicants-appellants 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 Deepika