Rakesh Prasad vs State Of U.P.
2019 Latest Caselaw 3976 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL APPEAL No. - 5810 of 2018
 

 
Appellant :- Rakesh Prasad
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Rajan Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

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

By the judgement and order dated 15.9.2018 passed by the learned Additional Sessions Judge, Court No. VIth, Kanpur Nagar, the accused-appellant has been convicted in S.T. No. 01 of 2014, arising out of Case Crime No. 300 of 2013, P.S. Babupurwa, District Kanpur Nagar and sentenced for the offence under section 325 IPC, for five years imprisonment and fine of Rs.5,000/-.

Submission of learned counsel for the accused-appellant is that there is only one simple injury which was found on the head of the injured and there is no finding given by the learned trial court that injury was grievous in nature. The accused-appellant has been convicted and sentenced only on the basis of surmises and conjectures. The accused-appellant was on bail during trial and he never misused the liberty of bail. He undertakes that he will not misuse the liberty of bail, if granted.

Learned A.G.A. has vehemently opposed the prayer of bail and submitted that learned trial court has rightly convicted and sentenced the accused appellant after appreciating evidence on record.

Considering the facts and circumstances of the case and that there is no chance of early hearing of this appeal, without expressing any opinion on merits of the case, I find it to be a case for bail during pendency of appeal.

Let the appellant-Rakesh Prasad convicted in S.T. No.01 of 2014, arising out of Case Crime No. 300 of 2013, under section 325 IPC, P.S. Babupurwa, District Kanpur Nagar be released on bail during pendency of appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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.

As soon as personal bond and sureties are furnished, after keeping photostat copies of the same, original copies are directed to be transmitted to this Court forthwith from the trial court.

List the appeal for hearing in due course.

Order Date :- 2.5.2019

RCT/-