Vishal @ D.K. vs State Of U.P.
2019 Latest Caselaw 2673 ALL

Citation : 2019 Latest Caselaw 2673 ALL
Judgement Date : 8 April, 2019

Allahabad High Court

Vishal @ D.K. vs State Of U.P. on 8 April, 2019

Bench: Pradeep Kumar Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL APPEAL No. - 3185 of 2018
 

 
Appellant :- Vishal @ D.K.
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Amitabh Patel,Ramesh Kumar Ojha
 
Counsel for Respondent :- G.A.,Pramod Kumar
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Order on Criminal Misc. Bail Application No. 01 of 2018.

Heard learned counsel for the appellant, learned A.G.A. for the State on bail application. Perused the record.

By impugned judgment and order dated 13.4.2018 passed by learned Addl. Sessions Judge, Court No. 14, Agra, the appellant-Vishal @ D.K. has been convicted and sentenced for the offence under Section 304 Part II of IPC for seven years rigorous imprisonment and fine of Rs.5000/- in S.T. No. 57 of 2016, arising out of Case Crime No. 244 of 2015, under Sections 304 IPC, P.S. Fatehpur Sikri, District Agra.

Submission of learned counsel for the appellants is that there is no evidence on record to show that the appellant has committed the crime in question. Further submission is that the appellant has been convicted on the basis of verbal statement of PW-1 and PW-2, which is bad in the eye of law. Further submission is that appellant is languishing in jail since 13.4.2018. Appellant was on bail during trial. He undertakes that he will not misuse the liberty of bail, if granted.The appellant is in jail from the last about one year.

Learned A.G.A. has vehemently opposed the prayer of bail.

In such fact and circumstances, I find sufficient ground for bail of accused-appellant

Let appellant-Vishal @ D.K., in S.T. No. 57 of 2016, arising out of Case Crime No. 244 of 2015, under Sections 304 IPC, P.S. Fatehpur Sikri, District Agra be released on bail during pendency of appeal on his furnishing two sureties of one lakh each and personal bond of equal amount to the satisfaction of learned trial court.

Learned trial court is further directed to submit original papers keeping photostat copies thereof for record.

So far as sentence of fine is concerned, appellants are directed to deposit fine within a period of one month from the date of receipt of this order.

List the appeal for hearing in due course.

Order Date :- 8.4.2019

RCT/-