Allahabad High Court
Arjun Prasad Pandey And Another vs State Of U.P. Thru. Prin. Secy. ... on 10 October, 2023
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:65390
Court No. - 15
Case :- CRIMINAL APPEAL No. - 2864 of 2023
Appellant :- Arjun Prasad Pandey And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Antoher
Counsel for Appellant :- Arun Kumar Mishra
Counsel for Respondent :- G.A.
Hon'ble Shamim Ahmed,J.
(Order on memo of appeal)
Heard Sri Arun Kumar Mishra, learned counsel for the appellants and Sri S.P. Tiwari, learned A.G.A.-I for the State.
Perused the impugned judgment.
Admit.
Summon the lower court record.
Notice has already been received by learned A.G.A.-I on behalf of the State.
Issue notice to opposite party no.2 by R.P.A.D.
Steps be taken within a week from today.
Learned A.G.A.-I for the State as well as opposite party no.2 may file counter affidavit within three weeks.
Rejoinder affidavit may be filed within two weeks thereafter.
Put up this case on 13.12.2023.
(Order on Criminal Misc. Bail Application No. 2/2023)
Heard Sri Arun Kumar Mishra, learned counsel for the appellants and Sri S.P. Tiwari, learned A.G.A.-I for the State.
The appellants/applicants, Arjun Prasad Pandey and Narendra Kumar, seek bail in this appeal, which has been preferred against the judgment and order dated 18.08.2023 passed by learned Additional District and Sessions Judge / Special Judge, S.C./S.T. Act, Shrawasti in Sessions Trial No.100109 of 2010, Case Crime No.732 of 2007, Police Station Ikauna, District Shrawasti, convicting and sentencing the appellants under Section 323 I.P.C. for one year rigorous imprisonment alongwith fine of Rs.500/-, under Section 504 I.P.C. for one year rigorous imprisonment alongwith fine of Rs.500/-, under Section 506 I.P.C. for two years rigorous imprisonment alongwith fine of Rs.500/- and under Section 3(1)(X) of S.C./S.T. Act for two and half years rigorous imprisonment alongwith fine of Rs.1,000/- with default stipulations.
Learned counsel for the appellants submits that appellants were on bail during course of trial which was never misused by them. This averment also finds place in para 22 of the affidavit filed in support of the bail application. There is no likelihood of this appeal to be heard at an early date or in near future in the wake of heavy pendency of cases in the court.
Several other submissions in order to demonstrate the falsity of the allegations made against the appellants have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the appellants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required.
Counsel has attempted to point out several other inherent infirmities in the evidence and also the elements of improbability contained therein and it has been argued that with such infirmities on record there is a reasonable prospect of this appeal being allowed after final hearing takes place.
Learned A.G.A.-I has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early hearing and conclusion of appeal, this Court is of the view that the appellants may be enlarged on bail.
Let the appellants- Arjun Prasad Pandey and Narendra Kumar convicted and sentenced in Sessions Trial No.100109 of 2010, Case Crime No.732 of 2007, Police Station Ikauna, District Shrawasti, under Section 323 I.P.C. for one year rigorous imprisonment alongwith fine of Rs.500/-, under Section 504 I.P.C. for one year rigorous imprisonment alongwith fine of Rs.500/-, under Section 506 I.P.C. for two years rigorous imprisonment alongwith fine of Rs.500/- and under Section 3(1)(X) of S.C./S.T. Act for two and half years rigorous imprisonment alongwith fine of Rs.1,000/- with default stipulations, be released on bail on their executing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that fine, if any, is not stayed and the same be deposited by the appellants within two months after they are enlarged on bail.
On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 10.10.2023
Saurabh
