Bhonu vs State Of U.P.
2016 Latest Caselaw 5178 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 
Case :- CRIMINAL APPEAL No. - 3301 of 2016
 
Appellant :- Bhonu
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Vijay Lal
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pratyush Kumar,J.

Crl. Misc. Bail Application No.202425 of 2016.

Heard learned counsel for appellant, learned A.G.A for the State-respondent and  perused the record.

This Bail application  has been moved  by the accused-appellant Bhonu, in pending appeal, who is involved in Sessions Trial No. 422 of 2011 (State Vs Bhonu), in Case Crime No. 95  of 2011, under Sections 366 and  376 I.P.C, P.S. Chaubeypur, District- Varanasi.

Learned counsel for the appellant submits that  the impugned judgement and order of the court's below are illegal and perverse. The court's below has not appreciated the evidence available on record  in proper perspective, hence the findings recorded by the court's below deserve to be set aside.

It is further submitted that during trial the appellant  was on bail and he has not misused  the liberty of bail.

On behalf of State  the bail has been opposed.

In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

Let appellant Bhonu  be released on bail in the aforesaid session trial number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.

List this appeal for final hearing in its turn.

However, realization of half of the  fine awarded to the appellant shall remain stayed and  remaining half of the fine shall be deposited  by the appellant within 30 days from the date of his actual release.

Order Date :- 11.8.2016

G.S