Sundar Lal And 4 Others vs State Of U.P.
2018 Latest Caselaw 3953 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 
Criminal Misc. Bail Application No. 01 of 2018
 
In
 

 
Case :- CRIMINAL APPEAL No. - 5886 of 2018
 

 
Appellant :- Sundar Lal And 4 Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Dhirendra Kumar Srivastava,Maqsood Ahmad Beg,Sarvesh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Krishna Pratap Singh,J.

Heard Sri Sarvesh and Sri Maqsood Ahmad Beg, learned counsel for the appellants, Sri G.P. Singh, learned A.G.A. for the State and perused the record.

It has been submitted by learned counsel for the appellants that the appellants are innocent and they have been implicated in the present case due to local politics and enmity. It is further submitted that the appellants are on bail in the cases shown against them in the gang chart. It is also submitted that after conviction the appellants were released on interim bail vide order dated 07.09.2018 passed by Special Judge Gangster Act, Fatehpur. It is further submitted that the appellants have not misused the liberty of bail. In case the appellants are released on bail they shall not misuse the liberty of bail.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellants.

Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellants, we are of the opinion that the appellants are entitled to be released on bail.

Let the appellants Sundar Lal, Dharmendra Singh, Ratibhan Singh, Kallu alias Badkauwa and Manjha, convicted and sentenced in S.S.T. No. 03 of 2010, Case Crime No. 68 of 2009, under Section 2/3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act 1986, P.S. Khakhreru, District Fatehpur, be released on bail on their furnishing a personal bond of Rs. 30,000/- with two sureties each in the like amount to the satisfaction of the court concerned.

Prayer for stay of realization of fine imposed by the trial court in the impugned judgment and order is refused. However, it is provided that the appellants shall deposit the same within a period of one month from the date of their release.

On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.

Order Date :- 26.11.2018

A.K.Verma