Sunil Yadav vs State Of U.P.
2019 Latest Caselaw 2694 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL APPEAL No. - 4231 of 2018
 

 
Appellant :- Sunil Yadav
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Kamal Kumar Singh
 
Counsel for Respondent :- G.A.,Brahma Nand Singh
 

 
Hon'ble Pradeep Kumar Srivastava,J.

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

By the judgment and order dated 19.7.2018 passed by learned Additional & Sessions Judge, Court No. 2, District Mau, the accused-appellant has been convicted and sentenced for the offence under Section 307 IPC for seven years rigorous imprisonment and fine of Rs.5,000/-,for the offence under Sections 147, 148, 323/34, 325/34, 504 IPC and Section 3(1)10 of SC/ST Act along with fine in S.T. No. 334 of 2006, arising out of Case Crime No. 707 of 2006, under Sections 307, 147, 148, 323/34, 325/34, 504 IPC and Section 3(1)10 of SC/ST Act, P.S. Sarai Lakhansi, District Mau.

It has been submitted by the learned counsel for the appellant that all other convicted persons have already been released on bail. It has also been submitted that accused-appellant was on bail during trial and appellant is languishing in jail since 18.7.2018. It has also been submitted that injuries shown to have been caused to the injured persons though have been caused by firearm, but none of the injuries have been found on vital part of the injured.

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

Considering the facts and circumstances of the case, I find sufficient ground for bail of the accused-appellant during pendency of appeal.

Let the appellant-Sunil Yadav convicted in S.T. No. 334 of 2006, arising out of Case Crime No. 707 of 2006, under Sections 307, 147, 148, 323/34, 325/34, 504 IPC and Section 3(1)10 of SC/ST Act, P.S. Sarai Lakhansi, District Mau, be released on bail during pendency of appeal on his furnishing two sureties of one lakh with equal amount of personal bond to the satisfaction of the learned trial court.

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

So far as sentence of fine is concerned, on depositing 50% of fine, the remaining fine shall remain stayed during pendency of appeal. 50% fine shall be deposited within a month from receipt of this order.

List the appeal for hearing in due course.

Order Date :- 9.4.2019

RCT/-