Allahabad High Court
Nem Singh vs State Of U.P. on 2 May, 2018
Bench: Shashi Kant Gupta, Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- CRIMINAL APPEAL No. - 1228 of 2018
Appellant :- Nem Singh
Respondent :- State Of U.P.
Counsel for Appellant :- Jai Narain,Vipin Kumar
Counsel for Respondent :- G.A.
Hon'ble Shashi Kant Gupta,J.
Hon'ble Bachchoo Lal,J.
Order on Criminal Misc. Bail Application.
This is a bail application moved on behalf of appellant, namely, Nem Singh in the instant criminal appeal.
Heard Sri Jai Narain, learned counsel for the appellant, learned AGA for the State 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. It has further been submitted that as per the testimony of P.W.-5 Kamlesh Devi the only role has been assigned to the appellant is that of standing at the place of incident and the role of firing has been assigned to other co -accused. Learned counsel for the appellant further submitted that the appellant was on bail during trial and has not misused the liberty of bail. It has further been submitted that the appellant is in jail since 24.11.2017 and there is no likelihood of early hearing of the appeal in near future. It has further been submitted that the appellants in connected Cr.Appeal No. 7880 of 2017 namely, Har Pal, Raju Lodha and Veerpal have already been released on bail and the case of the present appellant Nem Singh stands on same footing, therefore, the appellant is also entitled for bail on the ground of parity. It has further been submitted that there is no criminal history of the appellant.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co-accused having identical role have already been released on bail.
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, we are of the opinion that the appellant has made out a case for bail.
Let the appellant Nem Singh convicted and sentenced in S.T. Nos.1043 of 2005 and 1043A of 2005, case crime no. 172 of 2005 under Section 302/149, 147, 148, 449 IPC, Police Station Jawan District Aligarh 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 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 within a period of one month from the date of release, the remaining fine shall remain stayed during pendency of the appeal.
Connect the Criminal Appeal No. 7880 of 2017, Har Pal and others Vs. State of U.P.
Order Date :- 2.5.2018/Gss
