Allahabad High Court
Raju @ Ranjeet Singh vs State Of U.P. on 12 December, 2022
Bench: Mayank Kumar Jain
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 82
Case :- CRIMINAL APPEAL No. - 6160 of 2021
Appellant :- Raju @ Ranjeet Singh
Respondent :- State of U.P.
Counsel for Appellant :- Sudhir Kumar Singh,Ashutosh
Counsel for Respondent :- G.A.
Hon'ble Mayank Kumar Jain,J.
Order on Crl. Misc. Bail Application
Heard, learned counsel for the appellant/applicant and learned A.G.A. for the State and perused the lower court record.
A prayer for bail has been made by the appellant in this criminal appeal, which has been filed against the judgment and order dated 06.09.2021 passed by Mrs. Archana Yadav, Upper Session Judge Court No 6, Rampur in Session Trial No. 98 of 2016 (State Vs. Amreek Singh and another) arising out of Case Crime No. 444 of 2015, under Sections 307, 323, 324, 504 IPC and Session Trial No 99 of 2016 (State of U.P. Vs. Raju @ Ranjeet Singh) arising out of Case Crime No. 559 of 2015, under Section 25 Arms Act, Police Station Swar, District Rampur through which convicting the appellant for 7 years simple imprisonment and imposed fine of Rs. 10,000/- in under Section 307 I.P.C. and one month additional imprisonment in default, the imposed fine and further convicted for six months imprisonment and imposed fine of Rs. 1000/- and in Section 323 I.P.C. and one week additional sentenced if not paid same, imposed fine and further convicted imprisonment of one year simple and impose fine sum of Rs. 3,000/- in Section 504 I.P.C. and in default of payment, one week additional sentenced and further convicted for 2 years simple imprisonment and fine sum of Rs. 5,000/- in Section 25 Arms Act and in default of fine 15 days additional sentenced. All imprisonment shall be run simultaneously and adjusted to imprisonment which has spent already in jail in earlier by the appellant.
It is submitted by learned counsel for the appellant that learned trial court has not appreciated the evidence available on record in rightful manner. The appellant has erroneously been convicted. Co-accused Amreek Singh has been granted bail vide order dated 08.10.2021 in Criminal Appeal No. 4136 of 2021. The appellant was on bail during the trial, he did not misuse the liberty of bail. No incriminating weapon has been recovered from the possession of the applicant during investigation. It is alleged that applicant fired with gun on police party. It is further submitted that after one month and seven days of the incident, the country made Tamancha is alleged to be recovered from the possession of the applicant. The applicant has no criminal history in his credit. It is further submitted that an application under section 156 (3) Cr. P.C. was moved by Bhabhi of co-accused Amreek Singh, which was later on registered as complaint being Complaint Case No. 1391 of 2015 (Malobal Vs. Rasham Singh and others) and injured Gurmukh Singh and informant Arjun Singh were summoned for trial. Co-accused Amreek Singh has received five injuries . It is submitted that applicant is in jail since 06.09.2021 having no criminal history. It is submitted that none of the eye witness has proved the prosecution story. The trial court has misread the evidence available on record and wrongly convicted the appellant.
Per-contra, learned A.G.A opposed the bail and argued that the offence under Sections 307, 323, 324, 504 IPC IPC is made out against the applicant. All the documents of the victim are against the applicant. It is further submitted that the learned trial court has rightly been convicted the appellant and there is no error in the judgment of trial Court.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, I am of the opinion that he is entitled to be released on bail.
Let the appellant Raju @ Ranjeet Singh convicted and sentenced vide order dated 06.09.2021 passed by Mrs. Archana Yadav, Upper Session Judge Court No 6, Rampur in Session Trial No. 98 of 2016 (State Vs. Amreek Singh and another) arising out of Case Crime No. 444 of 2015, under Sections 307, 323, 324, 504 IPC and Session Trial No 99 of 2016 (State of U.P. Vs. Raju @ Ranjeet Singh) arising out of Case Crime No. 559 of 2015, under Section 25 Arms Act, Police Station Swar, District Rampur, be released on bail on his furnishing personal bonds with two heavy sureties each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them till the disposal of the appeal.
Realization of half of the amount of fine imposed upon the appellant by the trial court shall remain stayed during pendency of the appeal. The appellant shall be released from the jail only after depositing remaining half of the amount of fine.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Accordingly, the bail application is allowed.
Order on Appeal
List in due course for hearing.
Order Date :- 12.12.2022
T.S.
