Allahabad High Court
Shiv Kishore vs State Of U.P. on 22 June, 2021
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- CRIMINAL APPEAL No. - 1677 of 2021
Appellant :- Shiv Kishore
Respondent :- State of U.P.
Counsel for Appellant :- Saket Jaiswal
Counsel for Respondent :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Re- In Appeal
Admit.
Issue notice.
Summon the lower court record.
List this case in due course.
Re- In Criminal Misc. Bail Application No.01 of 2021
Heard Sri Saket Jaiswal, learned counsel for the applicant/appellant as well as learned AGA for the State through video conferencing and perused the record.
This bail application has been filed on behalf of applicant/appellant against the judgment and order dated 22.02.2021 passed by the Additional Sessions Judge/Special Judge (E.C. Act), Banda in Sessions Trial No. 66 of 2019 arising out of Case Crime No. 03 of 2019 under Sections 379, 411, 413, 414, 420, 467, 468, 471, 474 IPC, Sessions Trial No. 67 of 2019 arising out of Case Crime No.04 of 2019 under Sections 411, 413, 414, 420, 467, 468, 471, 474 IPC and Sessions Trial No. 68 of 2019 arising out of Case Crime No. 05 of 2019 under Sections 4/25 Arms Act, Police Station G.R.P., District Banda.
It is submitted by learned counsel for the applicant/appellant that the applicant is innocent and has been falsely implicated in this case. Applicant was not named in the First Information Report. Nothing has been recovered from possession of applicant. The recovery shown by the police are totally false. The applicant has not committed any offence as alleged in the F.I.R and it is a case of false implication. Co-accused Shiv Shankar has already been granted bail by co-ordinate Bench of this Court vide order dated 23.3.2021 passed in Criminal Appeal No.1323 of 2021. Copy of bail order has been annexed as Annexure-1 to the affidavit filed in support of the bail application. It is further submitted that there are several contradictions in the statement of witnesses produced by the prosecution and the prosecution has failed to establish the case against the applicant but the trial court without appreciating the evidence and materials which are available on record has passed the order of conviction. It is further submitted that the applicant was on bail during the pendency of the trial and there is no instance of misuse of liberty of bail, therefore, the applicant is entitled to be enlarged on bail during the pendency of the appeal. Lastly, it is submitted that due to huge pendency of criminal appeals before this Court, there is no chance for early disposal of the appeal and applicant/appellant is ready to co-operate with the hearing of appeal.
Per contra learned A.G.A. opposed the prayer for bail.
Considering the submissions made by learned counsel for the appellant and without expressing any opinion on the merits of the case, this Court is of the view that the appellant is entitled to be enlarged on bail during the pendency of the appeal.
Let the applicant/appellantShiv Kishore be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to deposit half amount of fine imposed on him and undertaking that applicant/appellant will co-operate with the hearing of the appeal.
On acceptance of bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
It is directed that half of the fine as imposed upon applicant/appellant by the trial court, shall be deposited by him within a month from the date of his release. In the event of failure to deposit the fine amount as directed above, the appellant/applicant shall be taken into custody and sent to jail.
Accordingly, this bail application stands allowed.
Order Date :- 22.6.2021
S. Singh
