Allahabad High Court
Vikky Chaudhary vs State Of U.P. on 28 March, 2023
Bench: Om Prakash Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 91
Case :- CRIMINAL APPEAL No. - 4602 of 2022
Appellant :- Vikky Chaudhary
Respondent :- State of U.P.
Counsel for Appellant :- Saksham Srivastava,Veerendra Singh
Counsel for Respondent :- G.A.
Hon'ble Om Prakash Tripathi,J.
Order on Bail Application
This is the second bail application. First bail application has been rejected by Hon'ble Justice Ali Zamin vide order dated 21.12.2022, who is retired.
Heard learned counsel for appellant-applicant and learned A.G.A. for State.
This instant bail application has been preferred with the prayer to release the applicant-appellant in Special Criminal Case No. 73 of 2017, Case Crime No. 858 of 2016, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act- 1986, P.S.- Muradnagar, District- Ghaziabad, during pendency of appeal no. 4602/2022.
Learned counsel for appellant submitted applicant-appellant has been convicted and sentenced in Special Criminal Case No. 73/2017, Case Crime No. 858/2016, under Section 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S.- Muradnagar, District- Ghaziabad for 8 years rigorous imprisonment and fine of Rs. 30,000/-, in default of payment of fine three month additional imprisonment. It is further submitted that besides applicant-appellant, 14 other co-accused have also been convicted on 18.06.2022. Applicant has also been granted bail in Case Crime No. 624/2016, under Sections 147, 148, 149, 307, 34 I.P.C., P.S.-Muradnagar, District- Ghaziabad passed in Criminal Misc. Bail Application No. 28185/2020 on 03.12.2020. From the perusal of custody certificate issued by Jail Superintendent, Ghaziabad dated 22.06.2022. Perusal of the said custody certificate indicates that appellant has already served out sentence at present time near about five years. It is further submitted that since the appellant has already undergone more than half of the sentence passed by the trial court. First bail application was rejected without any cogent reason and was rejected only on the ground that " it appears proper to dispose of the appeal finally instead of deciding the bail application". If applicant-appellant is released on bail, he will not misuse the liberty of bail. Learned counsel for appellant has placed reliance on the following judgments :-
i) Dinesh Kumar Sinha Vs. State of Jharkhand (2009) 6 SCC 628
ii) Bhagwan Rama Shinde Gosai and others Vs. State of Gujarat (1999) 4 SCC 421
iii) Saudan Singh Vs. State of U.P. vide order dated 05.10.2021 in Special Leave to Appeal (Criminal) No. 4633 of 2021
iv) Ramnik Singh Vs. Intelligence Officer, Directorate of Revenue Intelligence, 2013 SCC LawSuit (SC) 1357
Learned A.G.A. opposed the bail application and submitted that in Case Crime No. 624/2016, AK-47 has been used and injury was caused in the eye. Appellant- applicant belongs to a group of gangster. Appellant has committed a very serious offence and appellant is not entitled to the discretionary relief of this Court.
Maximum sentence is 08 Years. Out of which appellant has served out more than half of the sentence. Possibility of the appeal is taken up for hearing in the near future is remote.
Without expressing any opinion on the merits of the case, let the appellant - Vikky Chaudhary convicted and sentenced in aforesaid case, be released on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned, during pendency of this appeal.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Order on Criminal Appeal
Office is directed to prepare the paper book.
List in due course.
Order Date :- 28.3.2023
Sharad/-
