Allahabad High Court
Smt. Sughara Devi vs State Of U.P Thru. Prin. Secy. Home ... on 15 May, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:33888
Court No. - 28
Case :- CRIMINAL APPEAL No. - 1546 of 2023
Appellant :- Smt. Sughara Devi
Respondent :- State Of U.P Thru. Prin. Secy. Home Lko.
Counsel for Appellant :- Anubhav Awasthi,Arpit Dwivedi,Rajeev Mishra
Counsel for Respondent :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard.
Admit.
Learned A.G.A. has accepted notice on behalf of the State.
List/put up this matter in the third week of July 2023.
In the meantime, State may file counter affidavit.
Order on Bail Application
Heard learned counsel for the appellant, Sri Aniruddh Kumar Singh, learned A.G.A. for the State and perused the record.
Instant criminal appeal under Section 374 (2) Cr.P.C. against the Judgment and order dated 4.5.2023 passed by Sessions Judge, Court No.1, Barabanki in Session Trial No.204 of 2012, State of U.P. Vs. Budhiram and others) out of Case Crime No.141 of 2011 relating to Police Station Ramnagar, District Barabanki convicting and sentencing the appellant under Section 323/34 I.P.C. six months of simple imprisonment and Rs.1000/- fine and in default of payment of fine the appellant will further undergo simple imprisonment for three months under Section 324/34 I.P.C. for the period of two years rigorous imprisonment and fine of Rs.3,000/- in default of payment of fine the appellant will further undergo imprisonment for three months under Section 325/34 I.P.C. for the period of three years rigorous imprisonment and fine of Rs.3000/- and in default of payment of fine the appellants will further undergo imprisonment for three months under Section 308/34 I.P.C. for the period of four years rigorous imprisonment and fine of Rs.5000/- in default of payment of fine the appellant will further undergo imprisonment for 6 months, under Section 506 I.P.C. for the period of one year simple imprisonment and fine of Rs.1000/- in default of payment of fine the appellant will further undergo imprisonment for two months, police station Ramnagar, District Barabanki and all the sentences shall run concurrently.
Learned counsel for the appellant submits that the appellant is innocent and she has falsely been implicated in the instant matter. He next added that the injuries are not on the vital part of the body and that too has not been considered and appreciated by the trial court in right perspective. The appellant was on bail during trial which she never misused. There is no criminal antecedent of the appellant and the appellant is law abiding citizen. He further submits that in case appellant is enlarged on bail, she will not misuse the liberty and will co-operate in hearing of the appeal.
Learned A.G.A. for the State has also opposed the contention of the appellants and submitted that there is serious allegation against the appellant. He next added that there are injured persons, who are witnesses, and there is no reason to disbelieve their testimonies. The trial court has considered the same in right perspective, as such, the appellant is not entitled to any relief.
Having heard learned counsel for the parties and after perusal of the record, it is evident that the appellant was on bail during trial and she did not misuse the said liberty; there is no criminal history of the appellant; there is no injury on the vital part of the injured, hence, I find it a fit case for bail.
Let the appellant Smt. Sughara Devi be released on bail in the aforementioned sessions trial, during the pendency of appeal on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that fine is not stayed.
On acceptance of bail bonds, the court concerned shall transmit the photo stat copies thereof to this Court for being kept on the record.
Order Date :- 15.5.2023
Ram Murti
