Citation : 2017 Latest Caselaw 4654 ALL
Judgement Date : 19 September, 2017
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- CRIMINAL APPEAL No. - 1631 of 2017 Appellant :- Rajendra Prasad & Ors. Respondent :- State Of U.P. Counsel for Appellant :- Madan Mohan Counsel for Respondent :- Govt. Advocate Hon'ble Satya Narain Agnihotri,J.
Heard learned counsel for the appellants and learned A.G.A.
Admit.
Summon the record of learned trial Judge.
List the appeal in due course.
Order on the Bail Application.
This is an application for bail supported by affidavit of appellant No.1 Rajendra Prasad others with the assertion that appellants have been held guilty by learned Additional Sessions Judge, Court No.7, Sultanpur in Sessions Trial No.309 of 2011, under Section 323 I.P.C. arising out of N.C.R. No.179 of 2001, under Sections 323 and 504 I.P.C., Police Station Kotwali Nagar, District Sultanpur and punished with maximum imprisonment of three months and fine.
Learned counsel for the appellants submits that appellants were on bail during trial and they had never misused the liberty granted by the court. He further submits that according to prosecution the injuries which was caused by the appellants, were of simple nature.
Learned A.G.A. opposed the prayer of bail.
After considering the facts and circumstances of the case, without entering into merit of the case, I find it a fit case for bail. Let the appellants Rajendra Prasad, Amar Nath, Govind Prasad and Jalim Yadav be released on bail in Special Sessions Trial No.17 of 2003, under Section 323 I.P.C. arising out of N.C.R. No.179 of 2001, under Sections 323 and 504 I.P.C., Police Station Kotwali Nagar, District Sultanpur on each of their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned. Photostat copies of bonds and sureties be transmitted to this court for record. The appellants shall pay entire amount of fine within one month from today failing which learned trial Judge shall be at liberty to recover the same as arrears of land revenue.
Order Date :- 19.9.2017
Rakesh
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