Allahabad High Court
Shivveer Singh And Anr. vs State Of U.P. on 7 July, 2023
Bench: Kaushal Jayendra Thaker, Umesh Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL APPEAL No. - 2072 of 2019
Appellant :- Shivveer Singh And Anr.
Respondent :- State of U.P.
Counsel for Appellant :- Hardeo Singh,Chandra Bhushan Yadav,Dinesh Kumar Singh,Imran Ullah,Rahul Kumar Jadaun
Counsel for Respondent :- G.A.,Arun Kumar Upadhyay
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Hon'ble Umesh Chandra Sharma,J.
(Order on Criminal Misc.Second Bail Application)
Heard Sri Kuldeep Johri, learned counsel for the appellant in Criminal Appeal No. 2380 of 2019, Sri Dinesh Kumar Singh, learned counsel for the appellants in Criminal Appeal No. 2072 of 2019 and Sri N.K. Srivastava, learned A.G.A for the State.
This is the second bail application of accused-appellants- Shivveer Singh and Aakash Singh convicted and sentenced in S.T. No. 107 of 2015 (State Vs. Lokendra Singh @ Kukku and others), under Section 302/34 I.P.C, arising out of Case Crime No. 221 of 2015, Police Station Gohan, District Jalaun.The first bail application of accused-appellant have been rejected vide order dated 10.11.2020 by the co-ordinate Bench of this High Court.
It is submitted that appellants are innocent and have been falsely implicated in this case. It is submitted that there are lot of discrepancies in the oral testimony of the witnesses. It is further submitted that the accused-appellants are incarcerated since more than 4 years i.e. since 2019. It is further submitted that the matter is based on circumstantial evidence and there are many missing links rather the link which is shown or proved is the last seen together. It is further submitted that the information is given 3 days after the incident. Further, it is submitted that the paper book has not yet been prepared and the appeal may not be heard in near future, therefore, in view of the decision of the Apex Court in Criminal Appeal No.308 of 2022 (Saudan Singh vs. State of U.P.) decided on 25.2.2022., they are entitled to be released on bail.
As against this Sri N.K. Srivastava, learned A.G.A. for the State has vehemently objected to the grant of bail of the accused-appellants as according to learned A.G.A the accused-appellants had committed a heinous crime of doing away with a man when the accused had taken him on the pretext of threshing the field.
Having considered the totality of the factual circumstances, we are of the view that there are certain arguable points in the matter and the period of incarceration would also permit us to exercise our jurisdiction to enlarge the accused on bail as well as paper book is not ready. Hence, in view of the judgment in Saudan Singh Case (Supra) and on re-appreciation of material on record, the accused-appellants are entitled to be released on bail.
We, therefore, direct the jail authorities concerned to release accused-appellants- Shivveer Singh and Aakash Singh, 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.
8. As far as fine is concerned, the same shall remain suspended during pendency of the appeal.
(Order on Appeal)
Office to prepare paper book.
List the matter in the month of October, 2024.
Order Date :- 7.7.2023
PS
