Allahabad High Court
Nirmala vs State Of U.P. Thru. Prin. Secy. ... on 25 April, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- CRIMINAL APPEAL No. - 956 of 2022
Appellant :- Nirmala
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another
Counsel for Appellant :- Mohan Singh,Manoj Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Shree Prakash Singh,J.
Order on C.M.Application No. 01 of 2022
Vide order dated 23-05-2022, the notice was issued to opposite party no. 2 and that has been served as per the office report dated 16-07-2022.
Case called out.
None is present on behalf of opposite party no. 2. Thus, this court is proceeding with the matter in the aforesaid circumstances.
Heard learned counsel for the applicant-appellant, Sri Anirudh Kumar Singh, learned A.G.A. -I for the State and perused the record.
The instant Criminal Appeal under Section 374 (II) Cr.P.C. with 14(A)1 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been moved against the judgment and order dated 11.04.2022 passed by Special Judge, S.C./S.T. Act, Shrawasti in Session Trial No.100016/2009, arising out of Case Crime No.655/2006, under Section 323, 506, 427 I.P.C. and Section 3(1)(x) of S.C./S.T. Act, Police Station Gilaula, District Shrawasti.
Since, the instant appeal has already been admitted, learned counsel for the applicant-appellant is pressing the application dated 25-04-2022 for bail pending in the appeal.
Learned counsel appearing for the applicant-appellant submits that the applicant was on bail during the trial and she never misused the liberty of bail. He next added that the appellant was granted interim bail as she was pregnant at the time of delivery of Judgment and thus, vide order dated 22-12-2022, this court has granted interim bail to the appellant. He further submits that the material evidence has been left to be appreciated in it's right prospective and statements of the prosecution witnesses have not been considered. He next added that the identically situated co-accused person namely, Lodhey @ Manohar Gadariya, who was sentenced for three years and six months of punishment, has already been enlarged vide order dated 03-02-2023 passed in Criminal Appeal No. 957 of 2022 and thus, the applicant is seeking parity of the order aforesaid. He next added that the appellant undertakes that in case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings and the appellant has no previous criminal antecedent.
Per contra, learned A.G.A. appearing for the State has vehemently opposed the contentions aforesaid and submits that the present appellant is named in the F.I.R., but, he could not dispute the fact that the identically situated co-accused has already been enlarged on bail.
Considering the submissions of learned counsel for the parties and after perusal of the material placed on record, it is evident that there is no specific allegation against the present appellant and the appellant was on bail during the trial and considering the fact that identically situated co-accused person has already been granted bail by this court and she has no previous criminal history and is in jail since 11-04-2022, this court is of the view that the appellant be enlarged on bail.
Let the applicant-appellant,Nirmala involved in the aforementioned crime be released on bail, on her furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned.
It is made clear that fine is not stayed.
On acceptance of bail bond and personal bond, the trial court concerned shall transmit the photostat copies thereof to this court for being kept on the record.
Order on Appeal
Objection/Counter Affidavit filed on behalf of State is taken on record.
List/put up this matter in the week commencing 29-05-2023 for hearing.
Order Date :- 25.4.2023
AKS
