Ajay vs State Of U.P.
2016 Latest Caselaw 5364 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 4090 of 2016
 

 
Appellant :- Ajay
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Mahesh Chandra Tiwari,Kiran Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Raghvendra Kumar,J.

Heard learned counsel for the appellant and learned A.G.A.for the State of U.P.

It has been submitted on behalf of the appellant that the trial court has failed to  appreciate the evidence in right perspective and erred in recording the finding of conviction, the judgment  is thus perverse.

Admit.

Summon the lower court record within six weeks from today.

List immediately after receipt of record.

Order Date :- 22.8.2016

Su

Case :- CRIMINAL APPEAL No. - 4090 of 2016

Appellant :- Ajay

Respondent :- State Of U.P.

Counsel for Appellant :- Mahesh Chandra Tiwari,Kiran Tiwari

Counsel for Respondent :- G.A.

Hon'ble Raghvendra Kumar,J.

Criminal Misc . Bail Application Application No. 254519 of 2016

Heard learned counsel for the appellant and learned A.G.A.for the State of U.P.

It has been submitted on behalf of the accused appellant that he has been falsely implicated in the present case due to enmity. According to the prosecution the firing  is alleged to have been made by the accused appellant upon the police party but none of the persons has sustained any injury. The accused appellant was on bail during the course of trial.

Learned A.G.A.has opposed the bail application.

There is no likelihood of this appeal being heard in near future 

Considering the rival submissions  and without expressing any opinion on the merits of the appeal, I find it a fit case for bail.

Let the appellant Ajay convicted in S.T.No. 401 of 2010, case crime No. 402 /2010, under section 307  I.P.C. and 25 Arms Act, P.S. Achchnera District Agra be admitted to bail subject to his executing a personal bond and furnishing two heavy and reliable sureties  in the like sum to the satisfaction of the Court concerned.

The appellant is directed to deposit 50% of the amount of fine imposed by the trial court within 10 days from the date of his release from jail and the  realisation of  rest 50%  fine shall remain stayed during pendency of the appeal.

Order Date :- 22.8.2016

Su