Satya Narayan Verma @ Nankey vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 2908 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL APPEAL No. - 2178 of 2021
 

 
Appellant :- Satya Narayan Verma @ Nankey
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lucknow
 
Counsel for Appellant :- Kailash Nath Mishra,Rahul Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

C.M. Application No.176161 of 2021

Heard learned counsel for the appellant and learned A.G.A. for the State.

This is the first bail application filed on behalf of the appellant who has been sentenced for life imprisonment in Session Trial No.205 of 2019 arising out of Case Crime No.101 of 2019, under Sections 302 I.P.C., Police Station- Khargupur, District- Gonda.

The appellant-applicant is stated to have attained the age of 65 years who enlarged on bail during the course of trial and has not misused the liberty of bail. There is no past criminal history of the accused appellant-applicant.

Learned counsel for the appellant has argued that the appellant is in jail since 29.10.2021 and out of the three witnesses of fact i.e., PW-1, PW-2 and PW-3, the later two have turned hostile whereas PW-1 in his cross-examination has also not supported the case of prosecution. The plea of alibi was also taken by the appellant-applicant. In support of this plea, learned counsel has also drawn our attention to the defence evidence of DW-1 which sufficient discharges the burden of proof.

Learned A.G.A. has opposed the prayer of bail on the ground that even if the testimony of a single witness stands and supports the prosecution beyond reasonable doubt, the judgment rendered by the trial court cannot be faulted with merely on the ground that some of the witnesses have turned hostile. According to learned A.G.A., the judgment passed by the trial court stands in consonance with law. Having regard to the material available on record particularly the fact that the appellant was enlarged on bail during the course of trial and has not misused the liberty of bail, a case for grant of bail is made out.

Let appellant-applicant - Satya Narayan Verma @ Nankey, convicted and sentenced in Session Trial No.205 of 2019 arising out of Case Crime No.101 of 2019, under Sections 302 I.P.C., Police Station Khargupur, District Gonda, be released on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the concerned Chief Judicial Magistrate, subject to furnishing undertaking that he will co-operate in the hearing of the appeal; his counsel shall appear whenever the matter is listed and shall argue it without seeking unnecessary adjournment; and also furnishing undertaking from the sureties that the properties (moveable/immovable) which are the basis of accepting the surety, shall not be disposed of by him till the disposal of the instant appeal.

On acceptance of his bail bond, the lower Court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.

Let the paper book be prepared and the appeal be listed for final hearing in due course.

Office is directed to send a copy of this order to the District Judge concerned for necessary information to the appellant for follow up action forthwith.

The District Judge concerned is also directed to send the compliance report to the Court forthwith, which shall be kept on record as soon as the same is received.

Order Date :- 28.1.2023

Mohd. Sharif