Allahabad High Court
Ramesh Pasi And Another 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. - 1267 of 2022
Appellant :- Ramesh Pasi And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Appellant :- Atul Kumar Trivedi,Syed Mohammad Abuzar Zaidi
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.
(Crl. Misc. Application No. 1 of 2022)
Heard learned counsel for the applicants-appellants and learned A.G.A. for the State.
This application for bail has been moved in the aforesaid criminal appeal arising out of Sessions Trial No. 688 of 2009 relating to Case Crime No. 1285/2008, under Section 60/63 Excise Act, P.S. Bihar, District-Unnao.
Learned counsel for the appellants submits that applicants does not have any criminal antecedents and have falsely been implicated in the present case, but the court below failed to appreciate the evidences in correct perspective and convicted the appellants. It is also submitted that appellants are 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. Learned counsel for the appellants lastly submits that during trial, appellants were on bail and have never misused the liberty of the bail granted by the court below and, therefore, the applicants-appellants are 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.
Considering the arguments advanced by the learned counsel for the appellants-applicants, learned A.G.A. and going through the record as well as the judgment of the court below dated 23.05.2022 and the fact that the applicants were on bail during the course of trial, this Court is of the view that it would not be appropriate to languish the applicants-appellants 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 applicants-appellants, namely, Ramesh Pasi and Rakesh Pasi involved in Sessions Trial No.688 of 2009 (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 appellants-applicants shall cooperate in the disposal of appeal without seeking unnecessary adjournment.
(ii) The appellants-applicants 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 50% of the fine amount within three months from the date of release.
Order Date :- 31.5.2022
Akanksha
