Allahabad High Court
Vikrant Singh And 4 Ors. vs State Of U.P. on 26 November, 2018
Bench: Rajul Bhargava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- CRIMINAL APPEAL No. - 4208 of 2018
Appellant :- Vikrant Singh And 4 Ors.
Respondent :- State Of U.P.
Counsel for Appellant :- Brijesh Kumar Pandey
Counsel for Respondent :- G.A.,Abhai Saxena
Hon'ble Rajul Bhargava,J.
Case is called out in the revised list.
Heard learned counsel for the parties and the learned A.G.A. for the State and perused the impugned judgment and order of the trial court.
Submission of the counsel for the appellants is that the appellants are wholly innocent and the prosecution utterly failed to prove its case beyond reasonable doubt against the appellants. It is submitted that in the first information report 20 accused were nominated and there were 20-25 unknown accused as well. After investigation, charge-sheet was laid against 18 accused persons and there were put under trial including the present appellants. The general role of firing and causing damage to the property and crop of the first informant is attributed to all accused. The injured sustained single pelt injury on his face measuring .3cm x .3cm. It has not been specified as to which accused had caused the alleged single pelt injury. Besides it, there is no evidence on record to show that the injury caused by the solitary pelt was dangerous to life. The appellants were on bail during trial, which liberty was never misused by them. There is no early prospect of conclusion of trial. The appellants, who are in jail since 25.07.2018 having no criminal antecedents to their credit, deserve to be enlarged on bail during pendency of the appeal.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the appellants but could not dispute the aforesaid submissions made by learned counsel for the appellants and also could not point out any criminal history of the appellants.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone and the unlikelihood of early conclusion of appeal, this Court is of the view that the appellants may be enlarged on bail.
Let the appellants- Vikrant Singh, Suresh Kumar, Jagan Lal, Indrapal and Sohan Lala convicted and sentenced in S.T. No.327 of 2012 & 177 of 2014 (State Vs. Harpal and orthers), under Sections 147, 148, 149, 307, 436, 427, 504, 506 IPC and (State Vs. Vikrant Singh and other), under Sections 147, 148, 149, 307, 436, 427, 504, 506 I.P.C., arising out of Case Crime No. 768 of 2010, Police Station- Sahzad Nagar, District- Rampur, be released on bail on each of them executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Learned counsel for the appellants has argued that the fine imposed by the trial court is too excessive.
In view of it, 50% of the fine amount awarded by the trial court is stayed and it is made clear that the appellants shall be released from jail only after they deposit the 50 % of the fine amount imposed by the trial court. The amount of compensation as awarded by the court below shall be paid to the victim after due verification.
On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.
List this appeal in due course.
Order Date :- 26.11.2018
Vikas
