Allahabad High Court
Vijay & Another vs State Of U.P. on 8 July, 2021
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL APPEAL No. - 740 of 2021
Appellant :- Vijay & Another
Respondent :- State of U.P.
Counsel for Appellant :- Rishabh Tripathi,Pankaj Kumar
Counsel for Respondent :- G.A.
Hon'ble Karunesh Singh Pawar,J.
(In Ref:- C.M. Application No. 54593 (B) of 2021)
Heard learned counsel for the appellants and learned A.G.A. for the State and perused the record.
The present criminal appeal under Section 374 (2) Cr.P.C. has been filed by the appellant against the judgment and order dated 25.3.2021 passed by learned Additional Sessions Judge/F.T.C.-First Raebareli in Session Trial No. 598 of 2011, State of U.P. Vs. Ram Prasad Patel and 2 other arising out of Case Crime No. 874 of 2010 under Sections 307/34. 324/34 and 326/34 I.P.C., Police Station Salone District Raebareli convicted appellants under Section 307/34 I.P.C. for 7 years rigorous imprisonment and fine of Rs. 5,000/- under Section 324/34 I.P.C. for 3 years Imprisonment and under Section 326/34 I.P.C. for 7 years imprisonment and fine of Rs.5,000/- and in default of payment of fine amount to further undergo 6 months additional imprisonment. All the sentences have been made to run concurrently.
The appellants are in jail since 25.3.2021. During trial the appellants were on jail at present they are on parole.
Learned counsel for the appellants submits that P.W.2 in her statement before the court has clearly stated that she has not taken the name of the assailants before the Police when reached at the place of occurrence. The name of assailants were also not taken before the doctor.
According to prosecution case, Ram Prasad has been assigned the role of assault with axe and the appellants have been assigned the role of causing assault with banka. However, P.W.2 has denied the fact that she has assigned the role of assault with banka to Ram Prasad and appellants have been assigned the role of assault with lathi. Thus, the prosecution story itself has been denied by the P.W.2, the injured witness and the learned trial court has failed to consider this material contradiction while convicting the accused applicant. The investigating officer has also during his examination-in-chief has stated that axe has been recovered on the pointing out of Ram Prasad, co accused which is again in contradiction to the statement given by the P.W.2.
It is further submitted that, during the course of trial, the appellant were on bail and there is no instance of misusing the liberty so granted by this Court. There is no previous criminal history of the appellants.
It is further submitted that there is no likelihood that the appellants after release on bail may flee from the process of law or will misuse the liberty of bail, so granted by this Court.
Learned A.G.A., however, opposes the prayer for bail of the appellants, however, he could not confront the factual submissions made by learned counsel for the appellants.
Considering the facts that due to COVID 19 trial is held up; the appellants have no criminal history; and without commenting on the merits of the case and also the fact that appellants was on bail and has not been misused the liberty of bail and further there is no criminal history of the appellant and also there is no likelihood that the present appeal may be listed for hearing in the near future, this Court is of the view that the case of bail is made out.
Accordingly the bail application is allowed.
Let the appellant Vijay and Teerath involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) Fifty per cent of the fine imposed by the trial court shall be deposited by the appellants in the trial court within two months from the date of release of the appellants.
(ii)The appellants shall cooperate in the disposal of appeal without seeking unnecessary adjournment.
(iii) The appellants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Office is directed to list this appeal on its turn.
Order Date :- 8.7.2021
Madhu
