Atul Rai vs State Of U.P.
2013 Latest Caselaw 4789 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 1012 of 2012
 

 
Appellant :- Atul Rai
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ashwani Kumar Rai,Janardan Singh,Rupak Chaubey
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

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

Admit.

Summon the lower court record.

According to the prosecution case the appellant has been assigned specific role of causing injuries with fire arm weapon to the complainant who had sustained injuries on his head and thigh.

It is contended by the learned counsel for the appellant that the appellant has been convicted for seven years rigorous imprisonment with a fine of five thousand rupees under Section 307 IPC. The appellant has been falsely implicated with the case. Nothing incriminating has been recovered from his possession. The medical evidence does not corroborate with the statement of the complainant as an injured witness P.W.2 who has stated about causing of injury with fire arm weapon whereas the doctor has opined that this injury could have been caused by hoe(kudal). The appellant is languishing in jail since 25.1.2010 and substantial sentence has undergone by him. 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 and contended that specific role of firing has been assigned to the appellant. The statement of injured cannot be belied who has specifically stated that the appellant had fired at him which hit his head and thigh. The trial court has rightly convicted the appellant.

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, Atul Rai, convicted and sentenced in Session Trial No.113 of 2010, State Vs. Atul Rai & others, arising out of case crime no.1728 of 2009, under Section 307 IPC, P.S. Ghosi, District Mau, 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 :- 31.7.2013

Mustaqeem.