Rinku Yadav vs State Of U.P.
2013 Latest Caselaw 4984 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3518 of 2013
 

 
Appellant :- Rinku Yadav
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Rohit Singh,Ram Singh Yadav
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the appellant, learned AGA for the State and have been gone through the record.

Admit.

Summon the lower court record.

It is argued by the learned counsel for the appellant that maximum sentence of four years has been awarded under Section 3(1)(10) of the S.C./S.T. Act with a fine of Rs.5000/-. The appellant has been falsely implicated in the case. The prosecution witnesses have not supported the case and they have already been declared hostile during trial which shows that the entire prosecution story has been launched with some ulterior motive. The appellant was on bail during trial and had never misused the liberty of bail. Now he is in jail since the date of conviction i.e. 26.7.2013. There is no likelihood of early hearing of appeal in near future because there is dockets of pendency of old appeals and the purpose for filing the appeal would be frustrated, therefore the appellant may be released on bail during the pendency of appeal. In case he is enlarged on bail, he will not misuse the liberty of bail.

Per contra the learned AGA has opposed the prayer for bail.

Considering the facts and circumstances of the case and keeping in the view of the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, let the appellant, namely, Rinku Yadav, convicted and sentenced in Session Trial No.410 of 2008, State Vs. Rinku Yadav & others, arising out of case crime no.557 of 2008, under Sections 452, 427, 506 IPC and Section 3(1)(10) of the S.C./S.T. Act, P.S. Shahbad, District Rampur, 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. The photocopies of the bonds so furnished be transmitted to this Court to be kept on record of the appeal.

It is made clear that the realization of fine is not stayed.

After receipt of the record the office is directed to prepare the paper books and list the appeal for hearing in due course.

Order Date :- 7.8.2013

Mustaqeem.