Allahabad High Court
Ajeet Kumar Sngh @ Sonu vs State Of U.P. on 27 March, 2023
Bench: Mohd. Azhar Idrisi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- CRIMINAL APPEAL No. - 2238 of 2023
Appellant :- Ajeet Kumar Sngh @ Sonu
Respondent :- State of U.P.
Counsel for Appellant :- Rajeev Chaddha
Counsel for Respondent :- G.A.
Hon'ble Mohd. Azhar Husain Idrisi,J.
Order on appeal
Heard learned counsel for the appellant, learned A.G.A. for the State.
Perused the record.
Grounds for admission of the appeal exist sufficiently.
Admit.
Summon the lower court record.
Order on Criminal Misc. Suspension of Sentence under Section 389 (1) Cr.P.C.
Heard learned counsel for the appellant, learned A.G.A. for the State.
Perused the record.
This Criminal appeal under Section 374(2) of Criminal Procedure Code has been preferred by the appellant Ajeet Kumar Singh alias Sonu against the judgment and order dated 21.01.2023 passed by learned Additional District & Sessions Judge/Special Judge (E.C. Act), Gorakhpur in S.T. No. 157 of 2009 (State vs Ajeet Kumar Singh alias Sonu) arising out of Case Crime No. 764 of 2006, P.S. Shahpur, District Gorakhpur by impugned judgment of conviction and sentence as under :-
a. For the offence under Section 3/25 Arms Act three years simple imprisonment, with fine of Rs.3,000/- and in default of payment of fine one month additional ordinary imprisonment.
Learned counsel for the appellant submits that the appellant was on bail during the pendency of trial. Recovery of the country made pistol and cartridges from the possession of appellant is false. No independent witness of the locality has supported the recovery. The offence under Section 307 IPC in which it is said the alleged recovered weapon was used appellant has been acquitted as from the evidence. Appellant at the time of alleged incident was posted as Constable of Ministerial Staff in Office of SSP, District Gorakhpur. He has no criminal history. Therefore, appellant be granted bail during pendency of the appeal. He further submits that appellant undertake that they will not misuse the liberty of bail and shall remain present before the Court as and when required and they will cooperate with the hearing of the appeal.
Learned A.G.A. as wall as learned counsel for the informant has opposed the bail application but could not dispute the aforesaid fact.
Considering the submissions advanced by the learned counsel for the parties, unlikelihood of early hearing of appeal due to heavy pendency, appellant being on bail and disposal of appeal will take time, totality of facts and circumstances, at this stage without commenting on the merits of the case appellant has made out a case for grant of bail during pendency of his appeal.
Let the appellant Ajeet Kumar Singh alias Sonu be released on bail in the aforesaid case on his furnishing a personal bond and two securities in the like amount to the satisfaction of trial judge concerned and appellant will cooperate in hearing of the appeal and its early disposal.
On acceptance of their bail bonds, the lower Court shall transmit the Photostat copies thereof to this Court for being kept on record of this appeal.
Order Date :- 27.3.2023
Ruhi
