Mewa Lal Prajapati And Others vs State Of U.P. Thru. The Prin. Secy. ...
2022 Latest Caselaw 5381 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 
Case :- CRIMINAL APPEAL No. - 1497 of 2022
 
Appellant :- Mewa Lal Prajapati And Others
 
Respondent :- State Of U.P. Thru. The Prin. Secy. Home, Deptt. Lko.
 
Counsel for Appellant :- Sumit Kumar Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Brij Raj Singh,J.

CMA No. 1 of 2022 [application for bail]

Supplementary affidavit filed is taken on record.

Heard learned counsel for the appellant and learned Additional Government Advocate and perused the record.

The instant application has been filed under Section ? 389 CrPC to suspend the sentence of conviction and to release the appellants ? applicants - Mewa Lal Prajapati, Pradeep Kumar alias Rinku, Raj Kumar alias Tinku and Smt. Prabhawati on bail in Session Trial No. 376 of 2013 [State vs. Mewa Lal Prajapati and Others], arising out of Case Crime No.222 of 2021, under Sections - 323, 325, 504, 506 IPC, registered at police station - Lalganj, District ? Pratapgarh during the pendency of criminal appeal.

The applicants have been granted interim bail by the court below and the order has been annexed along with the supplementary affidavit. The applicants were on bail during the trial. The applicants have not misused the liberty of bail during the trial. They have also deposited the fine before the court below.

In rebuttal, learned A.G.A. has opposed the bail application but he could not dispute the aforesaid facts.

I have perused the judgment and record of the lower court with the assistance of the learned counsel for the parties. I am of the opinion that the sentence awarded by the trial court be kept in abeyance in respect of appellant-applicant and the appellant-applicant be enlarged on bail.

The bail application is allowed and it is directed that the appellant-applicants - Mewa Lal Prajapati, Pradeep Kumar alias Rinku, Raj Kumar alias Tinku and Smt. Prabhawati be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned of the District Judgship of Pratapgarh.

[Order on appeal]

Admit.

Summon the lower court record.

List after receipt of record.

Order Date :- 24.6.2022

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