Balveer vs State Of U.P.
2023 Latest Caselaw 16979 ALL

Citation : 2023 Latest Caselaw 16979 ALL
Judgement Date : 6 July, 2023

Allahabad High Court

Balveer vs State Of U.P. on 6 July, 2023

Bench: Kaushal Jayendra Thaker, Umesh Chandra Sharma





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Court No. - 44
 

 
Case :- CRIMINAL APPEAL No. - 8705 of 2022
 

 
Appellant :- Balveer
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Kuldeep Singh Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Umesh Chandra Sharma,J.

Heard Sri Kuldeep Singh Yadav, learned counsel for appellant and the learned AGA for the State.

Present bail application has been filed by the accused-appellant in pending appeal who has been convicted and sentenced in S.T. No.115 of 2003 (State vs. Balveer and others ) under Sections 302/34, 307/34 and 429 of IPC arising out of Case Crime No.317 of 2002, Police Station Karhal, District Mainpuri.

Accused-Balveer according to counsel for appellant is not the author of crime and witnesses, namely, the father of the deceased and the husband of the injured have not supported the prosecution case. The death occurred after 24 hours though there is mentioning in the judgment that it was Balveer who had fired from country made pistol, there is one fire and, therefore, at this juncture looking to the old age of the accused and the penedncy of the litigation since 2003, we deem deem it fit to grant bail to the accused- appellant.

Learned counsel for State has vehemently objected the prayer for grant of bail to the accused-appellant as according to the counsel for State there were incriminating circumstances against the accused-appellant.

Let accused-appellant,Balveer, convicted and sentenced in the aforesaid Sessions Trials be released on bail during the pendency of the appeal subject to his 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 appellant shall file an undertaking to the effect that he shall not seek any unnecessary adjournment.

(ii)) The appellant shall not leave India without permission of this Court.

(iii) The appellant shall inform the change of address within 10 days, failing which the State shall be at liberty to request for cancellation of his bail.

As far as sentence of fine is concerned, the same shall remain suspended during pendency of the appeal.

Order On Appeal

Office to prepare the paper book.

Order Date :- 6.7.2023

Mukesh