Smt. Pendar vs State Of U.P.
2018 Latest Caselaw 3380 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 55
 

 
Case :- CRIMINAL APPEAL No. - 2223 of 2017
 

 
Appellant :- Smt. Pendar
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Atul Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Singh,J.

Ref:- Criminal Misc Bail Application No.1/2017:-

Heard Sri Atul Kumar, learned counsel for the applicant-appellant and Sri Sanjay Singh, learned A.G.A. on the bail application and perused the record.

It is submitted by learned counsel for the appellant that the victim is the the husband of the appellant. The present FIR has been lodged against the appellant and other co-accused persons and the specific allegations has been made against the co-accused persons. It is next contended that the case of the prosecution has not been supported by the witnesses who have been examined during the trial. There is a lot of contradictions in the statements of the witnesses. It is further submitted that the appellant was on bail during trial, he never misused his liberty, there is no likelihood of early disposal of the appeal due to huge pendency of much older appeals before this court and the applicant-appellant undertakes that if released on bail, they will never misuse the liberty and will cooperate in the hearing of this appeal.

Learned AGA has opposed the bail application but he could not point out anything relevant to contradict the aforesaid submissions made by learned counsel for the applicant.

After perusing the record in the light of the submissions made at the Bar, considering the entire facts and circumstances and without expressing any opinion on the merits of the case, this court is of the view that the applicant-appellant may be enlarged on bail during pendency of the appeal.

Let the appellant Smt. Pendar, who has been convicted and sentenced in S.T. No.1253 of 2004, arising out of Case Crime No.463 of 2003, under Section 364/120-B I.P.C., Police Station New Mandi, District Muzaffar Nagar, be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the Court concerned.

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

Let the paper book be prepared.

List this appeal for hearing in due course.

Order Date :- 26.10.2018

Abhishek