Om Prakash vs State Of U.P.
2017 Latest Caselaw 4493 ALL

Citation : 2017 Latest Caselaw 4493 ALL
Judgement Date : 15 September, 2017

Allahabad High Court

Om Prakash vs State Of U.P. on 15 September, 2017

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 
Cr. Misc. Second Bail Application No. 90801 of 2014
 
IN
 

 
Case :- CRIMINAL APPEAL No. - 2820 of 2012
 

 
Appellant :- Om Prakash
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Syed Fahim Ahmed,Anand Kumar Srivastava,G.C.Pant,I.M. Khan,Mazhar Ullah
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

This is the second bail application of the appellant. The first bail application of the appellant was rejected on merit by this court on 30.10.2013.

Heard learned counsel for the appellant, learned AGA and perused the record.

Learned counsel for the appellant submits that the appellant is innocent and he has falsely been implicated in the present case. This is a case of circumstantial evidence. The chain of circumstances is not complete. There is no eye witnesses of the alleged incident. No incriminating article has been recovered from the possession of the appellant or on his pointing out. It has further been submitted that in this case maximum sentence of 10 years imprisonment with fine has been awarded to the appellant. The appellant has been languishing in jail since 15.6.2012 that is more than five years. There is no likelihood of early hearing of the appeal in near future.

Per contra, learned AGA opposed the prayer for bail and supported the trial court's judgement.

Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that the appellant has made out a case for bail.

Let the appellant Om Prakash convicted and sentenced in S.T. No. 406 of 2004, State Vs. Todi Lal and others, related to crime no. 233 of 1999, under Section 203 and 304 IPC, Police Station Shahjad Nagar District Rampur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.The photocopies of the bail bonds so furnished be transmitted to this Court to be kept on record of the appeal.

On deposit of 50% of fine imposed on the appellant, the remaining fine shall remain stayed during pendency of the appeal.

Order Date :- 15.9.2017

Gss