Athar vs State Of U.P.
2021 Latest Caselaw 6041 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 

 
Case :- CRIMINAL APPEAL No. - 810 of 2021
 

 
Appellant :- Athar
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Aasif Razzaque Khan
 
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 appellant / applicant, learned A.G.A for the State and perused the record.

Applicant/appellant has been convicted in S.T. No. 172 of 2017 arising out of N.D.P.S. Case No.21 of 2017 and Case Crime No.85 of 2016, under sections 8/20 of Narcotic Drugs & Psychotropic Substance Act, P.S. Ibrahimpur, District- Ambedkar Nagar and has been sentenced under Section 8/20 of Narcotic Drugs & Psychotropic Substance Act- for 1 year rigorous imprisonment along with fine of Rs. 10,000/-, under Section 3/25 Arms Act- for a period of 1 year rigorous imprisonment and a fine of Rs. 5,000/- and in default of payment of fine further imprisonment for two months additional simple imprisonment.

Learned counsel for the appellant / applicant submits that the appellant / applicant is innocent and has 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 appellant / applicant. Learned counsel further submits that the appellant / applicant was on bail and never misused the liberty of bail. Presently, he is in jail since 15.03.2021. Learned counsel next submitted that due to huge pendency before this Court, there is no chance for expedite disposal of the appeal and appellant / applicant is 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 applicant / appellant has rightly been convicted for the offence and there is sufficient evidence available on record against the applicant/appellant. Learned A.G.A has further submitted that there is no illegality in the impugned order and judgment, hence, the applicant/appellant is 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 appellant / applicant during the pendency of the appeal.

Let the appellant / applicant- Athar 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 :- 7.6.2021

SK/-