Allahabad High Court
Surya Prakash vs State Of U.P. Thru. Prin. Secy. ... on 4 February, 2022
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL APPEAL No. - 14 of 2022
Appellant :- Surya Prakash
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lucknow
Counsel for Appellant :- Shobh Nath Pandey
Counsel for Respondent :- G.A.
Hon'ble Rajeev Singh,J.
Admit.
Summon the lower court record.
Order Date :- 4.2.2022
S. Shivhare
Case :- CRIMINAL APPEAL No. - 14 of 2022
Appellant :- Surya Prakash
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lucknow
Counsel for Appellant :- Shobh Nath Pandey
Counsel for Respondent :- G.A.
Hon'ble Rajeev Singh,J.
(C.M. Application No.1 of 2022)
The Court convened through video conferencing.
Heard learned counsel for the applicant-appellant as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the appellant in Sessions Trial No.49 of 2017 (State of U.P. vs. Surya Prakash) arising out of Case Crime No.192 of 2016, under Sections 304 I.P.C., Police Station Haiderganj, District Faizabad with the prayer to enlarge him on bail during the pendency of the appeal.
Learned counsel for the appellant-applicant has submitted that the appellant has been falsely implicated in the present case only on the ground that some amount was due to him, but he was not refunding the same. He further submitted that during the course of trial, statement of P.W.1 Neemra (mother of the deceased) was examined and in her cross-examination, she has stated that information of the incident was given to her by the people, but later on, she stated that she had also seen the incident, and there is a contradiction in her statements. He further submitted that the appellant was on bail during the course of trial and he never misused the liberty of bail. He further submitted that he is ready to argue the appeal. Therefore, the appellant is entitled to be released on bail during the pendency of the present appeal.
Learned A.G.A. has opposed the prayer of the appellant and submitted that after trial, the evidences were properly considered and appreciated by the court below and thereafter, the appellant was convicted, therefore, he is not entitled for bail, but he does not dispute this fact that he was on bail during the court of trial and he also does not dispute this fact that in the statements of P.W.1, at one place she stated that she was informed of the incident by the people, but later on she admitted that she had also seen the incident.
Considering the arguments of learned counsel for the appellant as well as learned A.G.A. and going through the contents of the judgment as well as statement of P.W.1 (mother of the deceased) and P.W.8 (Doctor who conducted the postmortem of the deceased), it is evident that the appellant was on bail during the course of trial, he has been convicted under Section 304 I.P.C. for the period of 7 years R.I. with the fine of Rs.10,000/- and there is no any evidence regarding the abuse of liberty of bail granted by the court below, and due to pandemic Covid-19, there is no possibility of hearing the appeal in the near future, therefore, I am of the view that appellant is entitled to be released on bail.
Accordingly, the application for bail is allowed.
Let the applicant-appellant - Surya Prakash - be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bonds and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on record.
The sentence of appellant awarded vide order dated 10.12.2021 passed in Sessions Trial No.49 of 2017 (State of U.P. vs. Surya Prakash) arising out of Case Crime No.192 of 2016, under Sections 304 I.P.C., Police Station Haiderganj, District Faizabad is stayed till the pendency of the appeal.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 4.2.2022
S. Shivhare
