Iliyaas vs State Of U.P.
2014 Latest Caselaw 5764 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL APPEAL No. - 2207 of 2010
 

 
Appellant :- Iliyaas
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Vishwanath Pandey
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Amar Saran,J.

Hon'ble Karuna Nand Bajpayee,J.

Heard learned counsel for the appellant and learned Additional Government Advocate and perused the record of the case.

Learned counsel for the appellant submitted that the appellant has undergone a period 4 years and 7 months in jail after his conviction on 11.2.2010. Earlier the appellant was in jail for 4 years. He was granted bail on 16.1.2006 by this Court. The only evidence against the appellant is that on 1.2.2003 one ring was recovered from his possession. He further submitted that apart from the evidence of recovery of a ring no other evidence was adduced against him. The injured person Vinod Kumar has not been able to identify the appellant. The deceased who was riding on a Scooter died after being knocked down by dandas. So far the other co-accused Babu is concerned it is pointed out that as per record of computer, no appeal was filed on behalf of Babu. Only appellant has filed the appeal. It is further argued that the application was given by the deceased's wife Kavita that the ring and chain were stolen in the incident. The chain was recovered from other co-accused Babu. The evidence that the chain and ring had been stolen in the incident was given by Kavita the wife of the deceased on 12.1.2013 to the informant which is after two and half months of the incident. Further argument is that it was improbable that the appellant shall keep the ring in his house almost three months and three weeks after the incident which was recovered from his house on his pointing out. No evidence of criminal history has been brought on record.

Per contra, learned A.G.A opposed the prayer for bail and submitted that the appellant and co-accused had a gang and they rob the persons whenever they get the opportunity.

Having given our thoughtful consideration to the submission of learned counsel for the parties and without expressing any opinion on the merits of the case at this stage, we are of the view that the appellant has made out a case for bail.

Let the appellant Illiyaas convicted and sentenced in S.T. No. 739 of 2003, case crime No. 481 of 2002, under sections 307/34, 302/34, 394/34 and 411 I.P.C., P.S. Indirapuram, district Ghaziabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned.

With the condition that the appellant shall report at the police station concerned in the first week of every month.

In case of default it is open to the police to move an application for cancellation of bail granted to the appellant.

Order Date :- 4.9.2014

Rkb