Allahabad High Court
Manoj Kumar Verma vs State Of U.P. on 17 February, 2021
Bench: Alok Singh, Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
(C.M. Application No. 114505 of 2016)
In re:
Case :- CRIMINAL APPEAL No. - 1883 of 2016
Appellant :- Manoj Kumar Verma
Respondent :- State of U.P.
Counsel for Appellant :- Santosh Kumar Srivastava,Ajay Kumar Shukla,Ajmal Khan,K.K Sharma,Prem Prakash Singh,Ram Chandra Verma,Sudhir Kumar Chuadhary
Counsel for Respondent :- Govt. Advocate,Jyotinjay Verma
Hon'ble Alok Singh,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the appellant, learned AGA for the State and learned counsel for the informant.
Instant bail application has been filed for bail of appellant- Manoj Kumar Verma, convicted and sentenced vide judgment and order dated 27.04.2016, passed by Sessions Judge, Ambedkar Nagar in S.T. No. 148 of 2010, arising out of crime no. 533 of 2010, P.S.- Sammanpur, District Ambedkar Nagar for life imprisonment and with fine of Rs. 10,000/- for the offence under Section 302 r/w Section 34 IPC, for six months rigorous imprisonment with fine of Rs. 500/- for the offence under Section 504 IPC and for one year's rigorous imprisonment with fine of Rs. 500/- for the offence under Section 506 IPC.
Learned counsel for the appellant/applicant submits that appellant is innocent and has been falsely implicated in this case. He further submits that the impugned judgment is silent on the use of appellant's gun in the alleged occurrence. He further submits that as per the site plan, alleged fire was made from the roof whereas according to eye-witness, the said fire was not made from the roof. Learned counsel further submits that according to prosecution case, double barrel gun was used in the said occurrence whereas recovery of bullet has been shown in the post-mortem examination. Learned counsel for the appellant further submits that presence of P.W. 1, son of deceased is also highly doubtful. Learned counsel for the appellant further submits that is law abiding person and is languishing in jail since 27.04.2016 with no criminal antecedent. Learned counsel further submitted that if the appellant is released on bail, he will not misuse the liberty and will co-operate in hearing of the case.
Learned AGA and learned counsel for the informant vehemently opposed the prayer for bail and submit that main role of firing has been assigned to the appellant. It is further submitted that this is a day-light murder and there is no illegality or contradiction in the statements of the prosecution witnesses. It is further submitted that in view of gravity of offence, appellant is not entitled to be released on bail.
In view of the facts and circumstances of this case, a period of sentence awarded to the appellant, as well as appellant was on bail during trial, without expressing any opinion on merit of the case, we find that it a fit case for bail of appellant during pendency of this appeal.
The bail application is allowed.
Let the appellant- Manoj Kumar Verma be released on bail on his furnishing personal bond and two sureties each in the like amount to the satisfaction of Court below on the condition that the appellant-applicant will co-operate with the hearing of the appeal. However, it is made clear that the fine has not been stayed.
As soon as personal bonds and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
Order Date :- 17.2.2021
Nitesh
Case :- CRIMINAL APPEAL No. - 1883 of 2016
Appellant :- Manoj Kumar Verma
Respondent :- State of U.P.
Counsel for Appellant :- Santosh Kumar Srivastava,Ajay Kumar Shukla,Ajmal Khan,K.K Sharma,Prem Prakash Singh,Ram Chandra Verma,Sudhir Kumar Chuadhary
Counsel for Respondent :- Govt. Advocate,Jyotinjay Verma
Hon'ble Alok Singh,J.
Hon'ble Virendra Kumar Srivastava,J.
Office is directed to prepare paper book and list after four weeks for final hearing along with connected criminal appeal.
Order Date :- 17.2.2021
Nitesh
