Baijoo @ Baijnath vs State Of U.P.
2019 Latest Caselaw 2793 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL APPEAL No. - 5401 of 2018
 

 
Appellant :- Baijoo @ Baijnath
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Arvind Agrawal,Alok Kumar Shukla
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

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

Heard Sri Mohak Agrawal holding brief of Sri Arvind Agrawal, learned counsel for the appellant and learned A.G.A. for the State on bail application. Perused the record.

Accused-appellant Baijoo @ Baijnath has been convicted and sentenced by judgment and order dated 05.9.2018 passed by learned Sessions Judge, Sonbhadra for the offence under Section 304 Part II IPC for seven years rigorous imprisonment and fine of Rs.5,000/-, for the offence under Section 325 IPC, three years rigorous imprisonment and fine of Rs.2,000/- in S.T. No. 80 of 2016, arising out of Case Crime No. 198 of 2016, under Sections 147, 304, 323, 325, 504, 506 IPC, P.S. Ghorawal, District Sonbhadra.

Submission of learned counsel for the appellant is that the appellant has been falsely implicated in this case as there is no evidence on record to convict the accused-appellant. Further submission is that the injuries were caused by lathi, danda and no sharp weapon has been used in the incident. The accused appellant is languishing in jail since 12.4.2016. They undertake that they will not misuse the liberty of bail, if granted.

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-Baijoo @ Baijnath convicted and sentenced in S.T. No. 80 of 2016, arising out of Case Crime No. 198 of 2016, under Sections 325 and 304 Part-II IPC, P.S. Ghorawal, District Sonbhadra, 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 copyies 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 :- 11.4.2019

RCT/-