Allahabad High Court
Guddu @ Kishori & Others vs State Of U.P. & Another on 7 June, 2021
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 22
Case :- CRIMINAL APPEAL No. - 800 of 2021
Appellant :- Guddu @ Kishori & Others
Respondent :- State Of U.P. & Another
Counsel for Appellant :- Ram Chandra Dwivedi
Counsel for Respondent :- G.A.
Hon'ble Suresh Kumar Gupta,J.
(Order on Appeal)
Heard.
Admit.
Summon the lower court record.
List in due course after receipt of record.
(Order on Bail Application)
Heard learned counsel for the appellants/applicants, learned A.G.A for the State and perused the record.
Applicants / appellants have been convicted in S.T. No. 07 of 2011 arising out of Case Crime No. 321 of 2010, under Sections 325/34, 323/34, 504 I.P.C. & 3(1) X SC/ST Act, P.S. Kotwali Dehat, District- Balrampur and have been sentenced as under:
Under Section 325/34 IPC- Three years simple imprisonment with fine of Rs.2,500/- with default stipulation.
Under Section 323/34 IPC- Six months simple imprisonment.
Under Section 504 IPC- One year simple imprisonment.
Under Section 3(1) X SC/ST Act- Three years simple imprisonment with fine of Rs.2,500/- with default stipulation.
It was also ordered that total fine of Rs. 15,000/- and in default of payment of fine, six months additional imprisonment shall be awarded.
Learned counsel for the appellants / applicants submits that the appellants / applicants are innocent and have falsely been implicated in the present case due to malafide intention. Learned counsel further submits that the learned trial court without appreciating the evidence on record has convicted the appellants / applicants. Learned counsel further submits that the appellants / applicants are on interim bail (Annexure-1) and never misused the liberty of interim bail. Learned counsel next submitted that due to huge pendency before this Court, there is no chance for expedite disposal of the appeal and appellants / applicants are ready to co-operate with the hearing of appeal for early disposal of this appeal.
Learned A.G.A for the State has vehemently opposed the prayer for bail and submitted that the applicants / appellants have rightly been convicted for the offence and there is sufficient evidence available on record against the applicants/appellants. Learned A.G.A has further submitted that there is no illegality in the impugned order and judgment, hence, the applicants/appellants are not entitled for bail.
After hearing the rival submissions of the parties and perusal of record and period of sentence, without expressing any opinion on merits, I find that it is a fit case for grant of bail of appellants / applicants during the pendency of the appeal.
Let the appellants / applicants- Guddu @ Kishori, Kalpe @ Karamchand and Vikram Dhandhi be released on bail on their furnishing personal bond and two sureties each in the like amount to the satisfaction of Court below on the condition that the appellants / applicants 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 :- 7.6.2021
SK/-
