Allahabad High Court
Ram Bhavan vs State Of U.P. on 10 July, 2023
Bench: Kaushal Jayendra Thaker, Umesh Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL APPEAL No. - 2260 of 2021
Appellant :- Ram Bhavan
Respondent :- State of U.P.
Counsel for Appellant :- Kameshwar Singh,Ajay Singh
Counsel for Respondent :- G.A.,Sushil Kumar Pandey
With
Case :- CRIMINAL APPEAL No. - 1582 of 2021
Appellant :- Anand Kumar
Respondent :- State of U.P.
Counsel for Appellant :- Kameshwar Singh,Ajay Singh
Counsel for Respondent :- G.A.,Sushil Kumar Pandey
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Hon'ble Umesh Chandra Sharma,J.
(Order on Criminal Misc. Bail Application)
1. Heard Sri Kameshwar Singh and Sri Ajay Singh, learned counsels for the accused-appellants in both the appeals and learned A.G.A. for the State.
2. This bail application on behalf of accused-appellants Ram Bhawan in Criminal Appeal No. 2260 of 2021 and Anand Kumar in Criminal Appeal No. 1582 of 2021 convicted and sentenced in S.T. No. 141 of 2016 (State Vs. Anand Kumar and another), arising out of Case Crime No. 145 of 2016, under Section 498A, 304B I.P.C. and Section 4 of D.P.Act, Police Station Baberu, District Banda.
3. It is submitted that appellants are innocent and have been falsely implicated in this case. It is further submitted that there is no explanation of inordinate delay of 11 days in filing the F.I.R. It is further submitted that the accused-appellant Anand Kumar is in jail since 31.07.2016 and accused-appellant Ram Bhawan is in jail since 09.03.2021; 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.
4. Learned A.G.A. for the State has vehemently objected to the grant of bail of the accused.
5. The accused have convicted for Section 304B of I.P.C. Looking to the period of incarceration of both the accused and the fact that the F.I.R was lodged after 11 days of incident, we deem it fit case to enlarge the accused-appellants on bail. The 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- Ram Bhawan and Anand Kumar, are entitled to be released on bail.
6. We, therefore, direct the jail authorities concerned to release accused-appellants Ram Bhawan and Anand Kumar, convicted and sentenced in the aforesaid Sessions Trial 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 she 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.
7. As far as fine is concerned, the same shall remain suspended till final disposal of the appeal, if yet not deposited.
(Order on Appeal)
Office to prepare paper book.
List thereafter.
Order Date :- 10.7.2023
PS
