Rajpal vs State Of U.P.
2019 Latest Caselaw 2695 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL APPEAL No. - 365 of 2018
 

 
Appellant :- Rajpal
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Vinay Saran
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Order on Criminal Misc. Bail Application No. 21219 of 2017.

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

By judgment and order dated 04.12.2017 passed by learned Addl. District and Sessions Judge, Court No. 10, Shahjahanpur, the accused-appellant has been convicted for the offence under Section 148 IPC for two years rigorous imprisonment and fine of Rs.3,000/-, for the offence under Section 452/149 IPC for five years rigorous imprisonment and fine of Rs.10,000/-, for the offence under Section 365/149 IPC for five years rigorous imprisonment and fine of Rs.10,000/-, and for the offence under Section 323/149 IPC for one year rigorous imprisonment and fine of Rs.1,000/- in S.T. No. 295 of 2004, arising out of Case Crime No.40 of 1995, under Sections 148, 452/149, 365/149, 323/149 IPC, P.S. Jaitipur, District Shahjahanpur.

It has been submitted by the learned counsel for the appellant that the accused-appellant has been acquitted for the offence under section 307 IPC and two other accused persons who were tried along with present appellant have been acquitted by the learned trial court. It has also been submitted that there is no criminal history against the appellant and the appellant is languishing in jail since 01.12.2017. Appellant undertakes that he will not misuse the liberty of bail, if granted.

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-Rajpal involved in S.T. No. 295 of 2004, arising out of Case Crime No.40 of 1995, under Sections 148, 452/149, 365/149, 323/149 IPC, P.S. Jaitipur, District Shahjahanpur, 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 relevant 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/-