Allahabad High Court
Ram Gopal And 4 Others 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. - 1245 of 2022
Appellant :- Ram Gopal And 4 Others
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko
Counsel for Appellant :- Shiv Shankar Singh
Counsel for Respondent :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicants-appellants 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. - 1245 of 2022
Appellant :- Ram Gopal And 4 Others
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko
Counsel for Appellant :- Shiv Shankar Singh
Counsel for Respondent :- G.A.
Hon'ble Rajeev Singh,J.
(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. 346/2016 relating to Case Crime No. 40 of 2015, under Sections 147,323/149 & 325/149 I.P.C., P.S. Tikait Nagar, District-Barabanki.
Learned counsel for the appellant-applicant submits that applicants does not have any criminal antecedent 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 appellant are having confidence that their 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 the course of trial, the appellants-applicants were on bail and after conviction, trial court enlarged the appellants on interim bail and, therefore, the applicants-appellants are entitled for regular 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 during the course of trial, the appellants-applicants were on bail and after conviction, trial court enlarged the appellants on interim bail.
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 09.05.2022, it is evident that appellants were on bail during the course of trial and after conviction, trial court enlarged the appellants on interim bail. In such circumstances, this Court is of the view that the applicants-appellants are entitled for regular bail 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,Ram Gopal, Sahajram, Kallu, Santosh, and Vinod Kumar involved in Sessions Trial No. 346/2016 (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 appellants shall deposit the 50% of the fine amount within two months from the date of release.
Order Date :- 31.5.2022
Akanksha
