Allahabad High Court
Anil Kumar vs State Of U.P. on 28 October, 2023
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:205923
Court No. - 83
Case :- CRIMINAL APPEAL No. - 5757 of 2019
Appellant :- Anil Kumar
Respondent :- State of U.P.
Counsel for Appellant :- Shams Uz Zaman,Anil Kumar,Kamlesh Kumar Tripathi,Pankaj Kushwaha,Pramod Kumar,Rahul Chaudhary
Counsel for Respondent :- G.A.,Piyush Kumar Tripathi
Hon'ble Sanjay Kumar Pachori,J.
1. Supplementary affidavit filed today is taken on record.
2. Sri Kamlesh Kumar Tripathi, learned counsel for the appellant and Sri Ramesh Kumar Singh, learned A.G.A. for the State are present even in the revised call no one has appeared on behalf of the first informant.
3. The present criminal appeal has been preferred to set-aside the judgment and order dated 19.07.2019 passed by learned Sessions Judge, District Auraiya in Sessions Trial No. 84 of 2018, arising out Case Crime No. 229 of 2017, by which the trial Court convicted the appellant under Section 304(II) of I.P.C. and sentenced under Sections 304(II) of I.P.C. seven year rigorous imprisonment with fine of Rs. 50,000/-.
4. Learned counsel for the appellant submits that the impugned judgment and order has been passed without appreciating the evidence in right perspective and against the weight of evidence. It is further submitted that cross-case of under Sections 147, 302, 324, 323 and 504 of I.P.C is pending against the first informant side arising out of Case Crime No. 228 of 2017 for trial. It is further submitted that without consolidating the sessions trial of cross-case, impugned judgment and order has been passed.
5. It is further submitted that the wife of the appellant who was died having three incised wound on face and other two injuries also found on chest and arms and the prosecution has not explained the injuries of the deceased-Anandi Devi.
6. List this case on 05.12.2023.
7. Till the next date of listing, effect and operation of the judgment and order dated 19.07.2019 with realization of fine shall remain stayed.
Order on Criminal Misc. Bail Application No. 1 of 2019
8. It is further submitted that the appellant was on bail during the pendency of trial and he has not misused the liberty of bail.
9. In view of the above facts and circumstances, without considering the merits of the case and on account of huge pendency of cases before this Court, there is no likelihood of final hearing of this appeal in near future, the appellant is granted bail.
10. Let the appellant- Anil Kumar be released on bail in Sessions Trial No. 84 of 2018, arising out Case Crime No. 229 of 2017, under Section 302(2) of I.P.C., Police Station- Sahayal, District- Auraiya after executing a personal bond and two sureties in the like amount to the satisfaction of the court concerned.
Order Date :- 28.10.2023
M.S. Ansari
