Mahendra Kumar vs State Of U.P. And Another
2023 Latest Caselaw 35148 ALL

Allahabad High Court

Mahendra Kumar vs State Of U.P. And Another on 14 December, 2023

Author: Vipin Chandra Dixit

Bench: Vipin Chandra Dixit

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:237453
 
Court No. - 79
 

 
Case :- CRIMINAL REVISION No. - 5964 of 2023
 

 
Revisionist :- Mahendra Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Surya Pratap Singh Parmar
 
Counsel for Opposite Party :- G.A.,Dhirendra Kumar Srivastava
 

 
Hon'ble Vipin Chandra Dixit,J.
 

Heard Sri Surya Pratap Singh Parmar, learned counsel for the revisionist, Sri Akash Patel, Advocate holding brief of Sri Dhirendra Kumar Srivastava, learned AGA for the State and perused the record.

This revision has been filed challenging the order dated 31.10.2023 passed by the learned Additional Additional District & Session Judge, Room No. 2, Chandauli in Criminal Appeal No. 19 of 2018 (CNR No. UPCD010015622018) (Mahendra Kumar Vs. State of U.P.) and judgment and order dated 08.10.2018 passed by learned Judicial Magistrate, Chandauli in Criminal Complaint Case No. 713 of 2017 (Savita Vs. Mahendra Kumar and others), under section 494 IPC, Police Station Sakaldeeha, District Chandauli, by which the revisionist was convicted and punished for imprisonment for two years and fine of Rs. 7,000/- and in case of default in payment of fine additional imprisonment for six months.

Admit.

Issue notice.

Summon the Lower Court record.

List in due course.

It is submitted by learned counsel for the revisionist that revisionist is innocent and has been falsely implicated in this case. The revisionist has been punished under section 494 IPC with simple imprisonment for two years and a fine of Rs. 7,000/-. There are severe contradiction in the statement of prosecution witnesses and prosecution has failed to prove the case against the revisionist. The trial court without appreciating the evidence and materials, which are available on record has passed the impugned order of conviction and the appeal preferred by revisionist was also dismissed vide judgement and order dated 31.10.2023. It is further submitted that the revisionist was on bail during trial and also during pendency of criminal appeal and has not misused the liberty of bail during that period. Lastly it is submitted that due to huge pendency of criminal revisions before this court, there is no possibility of early hearing of this criminal revision. The revisionist is in jail since 31.10.2023.

Learned AGA vehemently opposed the prayer for bail and contended that the revisionist has been rightly convicted for the offences.

Considering the unlikelihood of early hearing of revision, complicity of convicts and sentence as well as period of detention, at this stage without commenting on the merits of the case, I find it a fit case for grant of bail during pendency of the revision.

Let the revisionist Mahendra Kumar be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of court concerned, subject to deposit the fine.

As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by court concerned to be kept on the record of this criminal revision.

Order Date :- 14.12.2023

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