Balwan Singh vs State Of U.P.
2021 Latest Caselaw 6232 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL APPEAL No. - 1450 of 2021
 

 
Appellant :- Balwan Singh
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Rajiv Lochan Shukla,Noor Ahmed
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Order on Appeal

Present criminal appeal has been filed against the judgment and order dated 3.2.2021 passed by the Additional District and Sessions Judge/Special Judge (POCSO Act), Court No. 3, Gorakhpur in Session Trial No. 766 of 2002, Case Crime No. 135 of 1998, under Section 364 IPC, Police Station Bansgaon, District Gorakhpur whereby the appellant has been found guilty under section 364 of Indian Penal Code and sentenced to suffer 7 years imprisonment. Fine has also been imposed.

Heard.

The appeal is admitted.

List and connect with Criminal Appeal No. 829 of 2021.

Order on Crl. Misc. Bail Application

Counsel for the applicant argues that against the same conviction order, one of the co-accused Ashok Kumar Gupta has approached this Court by filing a Criminal Appeal No. 829 of 2021 in which bail order has been passed in his favour on 5.3.2021. Thus, on the analogy of bail being granted to co-accused Ashok Kumar Gupta, the counsel for the appellant prays that the appellant may also be enlarged on bail on the ground of parity.

Per contra, learned AGA has opposed the prayer for bail and supported the trial court's judgment.

The role assigned to the convicted appellant Ashok Kumar Gupta and the appellant are same and since the convicted co-accused has been enlarged on bail on 5.3.2021, the appellant is also enlarged on bail.

Let the appellant Balwan Singh convicted aforementioned case be released on bail during the pendency of appeal on executing a personal bond with two reliable sureties each in the like amount to the satisfaction of the trial Court concerned subject to furnishing of fine amount.

On acceptance of bail bonds and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.

The bail application is, accordingly, disposed off.

Copy of the order downloaded from the official website of this Court shall be accepted as a true copy of this order subject to its verification from the official website by the concerned Court below.

Order Date :- 14.6.2021

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