Allahabad High Court
Keshav Srivastava vs State Of U.P. Thru. Addl. Chief ... on 20 February, 2023
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- CRIMINAL APPEAL No. - 517 of 2023
Appellant :- Keshav Srivastava
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Civil Sectt. Lko. And Another
Counsel for Appellant :- Ajay Vikram,Amrita Preetam Verma
Counsel for Respondent :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Ajay Vikram, learned counsel for the appellant and Sri Akhilesh Kumar Vyas, learned A.G.A. for the State.
Perused the impugned judgment.
Admit.
Summon the lower court record.
Notice has already been received by learned A.G.A. on behalf of the State.
List this appeal in the due course of hearing.
(Order on Criminal Misc. Bail Application No. 1/2023)
Heard Sri Ajay Vikram, learned counsel for the appellant and Sri Akhilesh Kumar Vyas, learned A.G.A. for the State.
The appellant Kehsav Srivastava, seeks bail in this appeal, which has been preferred against the judgment and order dated 25.11.2022 passed by Special Judge, SC/ST Act/ Additional Session Judge, Balrampur in Session Trial No. 231/2018 (State vs. Kaushal Kishore Srivastava and others arising out of Case Crime No. 81/2018, under Sections 147, 148, 149, 307, 323, 324, 504, 506 of I.P.C., and Section 3(1) Dha and 3(2) (V) of S.C. and S.T. Act, Police Station Maharajganj Tarai, District Balrampur convicting and sentencing the appellant under Section 147 I.P.C. imprisonment for two years and fine of Rs. 2000/-, under Section 323 I.P.C. imprisonment for one year rigorous imprisonment and fine of Rs. 1000/-, under Section 504 I.P.C. imprisonment for one year rigorous imprisonment and fine of Rs. 1000/-, under Section 506 I.P.C imprisonment for two years and fine of Rs. 2000/- under Section 3(1) Dha and 3(2) (V) of S.C. and S.T. Act imprisonment for four years imprisonment and fine of Rs. 4000/- with default stipulation.
Submission of counsel for the appellant is that maximum period of sentence awarded to the appellant for offence under Section 3(1) Dha and 3(2) (V) of S.C. and S.T. Act imprisonment for four years imprisonment and fine of Rs. 4000/- with default stipulation.
Learned counsel for the appellant further submits that appellant was on bail during course of trial which was never misused by him. There is no likelihood of this appeal to be heard at an early date or in near future in the wake of heavy pendency of cases in the court.
Several other submissions in order to demonstrate the falsity of the allegations made against the appellant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the appellant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required.
Counsel has attempted to point out several other inherent infirmities in the evidence and also the elements of improbability contained therein and it has been argued that with such infirmities on record there is a reasonable prospect of this appeal being allowed after final hearing takes place.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early hearing and conclusion of appeal, this Court is of the view that the appellant may be enlarged on bail.
Let the appellant- Keshav Srivastava convicted and sentenced in Session Trial No. 231/2018 (State vs. Kaushal kishore Srivastava and others Crime No. 81/2018, under Sections 147, 148, 149, 307, 323, 324, 504, 506 of I.P.C., and Section 3(1) Dha and 3(2) (V) of S.C. and S.T. Act, Police Station Maharajganj Tarai, District Balrampur be released on bail on his executing 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 and the same be deposited by the appellant within two months after he is enlarged on bail.
On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.2.2023
Preeti.
