Allahabad High Court
Pramod vs State Of U.P. Thru. Prin. Secy. ... on 31 May, 2022
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL APPEAL No. - 1275 of 2022
Appellant :- Pramod
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt.
Counsel for Appellant :- Jagat Narain Dixit,Vishwesh Pratap Singh
Counsel for Respondent :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant-appellant and learned A.G.A. for the State.
Admit.
Summon the lower court record.
List thereafter.
Order Date :- 31.5.2022
Akanksha
Case :- CRIMINAL APPEAL No. - 1275 of 2022
Appellant :- Pramod
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt.
Counsel for Appellant :- Jagat Narain Dixit,Vishwesh Pratap Singh
Counsel for Respondent :- G.A.
(Crl. Misc. Application No. 1 of 2022)
Heard learned counsel for the applicant-appellant and learned A.G.A. for the State.
This application for bail has been moved in the aforesaid criminal appeal arising out of Session Trial No.326/2013 relating to Case Crime No.106 of 2002 ,under Section 2/3 of U.P. Gangster Act, P.S.- Sandana, District-Sitapur.
Learned counsel for the appellant submits that applicant does not have any criminal antecedent and has falsely been implicated in the present case. The F.I.R. has been lodged by the police officer and chargesheet was filed in a most mechanical manner, but the court below failed to appreciate the evidences in correct perspective and convicted the appellant. It is further submitted that P.W.3 has not supported the prosecution version but the learned trial court convicted the applicant, merely, on the basis of presumption. It is also submitted that appellant is having confidence that his appeal, which is already admitted, will be succeeded, but there is no possibility in near future for the final hearing of the present appeal. It is also submitted that in two out of three cases, bearing No.164 of 2001 under Section 384,506 I.P.C. and 112/2001, under Section 448,427,504,506,358 I.P.C., the applicant has been acquitted. Learned counsel for the appellant lastly submits that during trial, appellant was on bail and had never misused the liberty of the bail granted by the court below and, therefore, the applicant-appellant is entitled for bail.
Learned A.G.A. vehemently opposes the prayer for bail and submits that the court below has passed the impugned order after considering the evidence placed before it at the time of trial and there is no illegality in the same. However, he does not dispute the fact that in two out of three cases, the applicant has been acquitted.
Considering the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A. and going through the record as well as the judgment of the court below dated 06.04.2022 and also the fact that in two out of three cases, the appellant has been acquitted by the trial court, this Court is of the view that it would not be appropriate to languish the applicant-appellant in jail till the outcome of the instant appeal.
Hence, prima facie, case for bail is made out, at this stage.
Accordingly, the application for bail is allowed.
Let the applicant-appellant, namely, Pramod involved in Case Crime No.106 of 2002(supra) be released on bail on his furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned, subject to following conditions;
(i) The appellant-applicant shall cooperate in the disposal of appeal without seeking unnecessary adjournment.
(ii) The appellant-applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial court concerned to be kept on record of this appeal.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is further directed that the appellant shall deposit the fine amount within three months from the date of release.
Order Date :- 31.5.2022
Akanksha
