Allahabad High Court
Kishori @ Ram Kishor And Another vs State Of U.P. on 3 January, 2023
Bench: Kaushal Jayendra Thaker, Mohd. Azhar Idrisi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL APPEAL No. - 5187 of 2013
Appellant :- Kishori @ Ram Kishor And Another
Respondent :- State of U.P.
Counsel for Appellant :- I.K. Chaturvedi,Jitendra Prasad Mishra
Counsel for Respondent :- Govt. Advocate,Prem Chandra
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Hon'ble Mohd. Azhar Husain Idrisi,J.
Order on Criminal Misc. Bail Application
Heard Sri Jitendra Prasad Mishra, assisted by Sri I.K. Chaturvedi, learned counsel for the appellant, Sri N.K. Srivastava, learned counsel for the informant and learned A.G.A. for the State.
Present bail application has been filed by the accused/ appellants pending appeals who have been convicted and sentenced for commission of offence in S.T. No.181 of 2003 (State vs. Kishori alias Ram Kishor and others), under Sections 302, 307, 323, 504, 506 of IPC arising out of Case Crime No.116 of 2002, Police Station Mataundh, District Banda.
It is submitted by Sri Jitendra Prasad Mishra learned counsel for the accused-appellants despite the fact that the FIR nowhere mentioned that there was any suffered grievous injuries and counsel for the State and counsel for the private respondent is that due to the fire-arm injury the injured fell down anyone of the reason and the injuries have been occurred.
It is further submitted by the counsel for the appellants that this occurred during due to sudden causing as per the FIR it is submitted by the counsel for the State that the incident did not occur on the spot of the moment.
The only reason that this an appeal of the year 2013 this is the first bail application of both the accused the judgment of the Apex Court in Saudan Singh Vs. State of U.P. and the appeal has not been decided in the near future, the appellant is granted bail on the terms and conditions to the satisfaction of the trial court, and the accused-appellants, is in jail from 11 years. There are certain dents in the prosecution story and as far as accused are concerned, he has pleaded plea of alibi which has been believed by the learned Judge below.
Learned A.G.A. for the State has vehemently objected to the grant of bail and has submitted that looking to the seriousness of offence, if the accused are enlarged on bail, they would be menace to the society. Even learned A.G.A. could not dispute the aforesaid facts.
In view of the facts and circumstances of the case, we deem it fit that the accused-appellants be enlarged on bail. The Jail authorities concerned to release accused-appellants, Kishori @ Ram Kishor & Rameshwar convicted and sentenced in the aforesaid Sessions Trial be released on bail during the pendency of the appeal subject to their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned with the following conditions :-
(i) The appellants shall file an undertaking to the effect that they shall not seek any unnecessary adjournment.
(ii)) The appellants shall not leave India without permission of this Court.
(iii) The appellants shall inform the change of address within 10 days, failing which the State shall be at liberty to request for cancellation of their bail.
(iv) Half of the fine be deposited forthwith.
As far as sentence is concerned, the same shall remain suspended during pendency of the appeal.
Order on Appeal
List the matter when its turn comes.
Order Date :- 3.1.2023
Israr
