Rakesh Kumar vs State Of U.P. Thru. Addl. Chief Secy. ...
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Allahabad High Court

Rakesh Kumar vs State Of U.P. Thru. Addl. Chief Secy. ... on 1 July, 2024

Author: Abdul Moin

Bench: Abdul Moin

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:44538
 
Court No. - 11
 
Case :- CRIMINAL APPEAL No. - 2003 of 2024
 

 
Appellant :- Rakesh Kumar
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko.
 
Counsel for Appellant :- Puneet Kumar Tiwari,Veerendra Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Abdul Moin,J.
 

Order on Appeal

1. Heard.

2. Admit.

3. Summon the trial court record.

4. Connect and list along with Criminal Appeal No.2003 of 2024.

Order on First Bail Application

1. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

2. A prayer for bail has been made by the appellant in this criminal appeal, which has been filed against the Judgment and order dated 31.5.2024 passed by Additional District and Session Judge VI Raebareli in S.T. No. 386/2010 arising out of crime no. 101/2000, Police Station - Dalmau, District Raebareli convicting and sentencing the appellant U/s 147 IPC- one year's Rigorous Imprisonment and fine of Rs. 500/-, failing to deposit the amount of fine one month's additional simple imprisonment, U/s 148 IPC-one year's Rigorous imprisonment and fine of Rs. 500/- failing to deposit amount of fine one month's additional simple imprisonment, U/s 323/149 IPC - Six months Rigorous imprisonment and fine of Rs. 500/-, failing to deposit amount of fine 15 days additional simple imprisonment, U/s 325/149 IPC Three years Rigorous imprisonment and fine of Rs. 5000/- failing to deposit amount of fine three months additional simple imprisonment, U/s 307/149 IPC Seven years Rigorous imprisonment and fine of Rs. 10,000/- failing to deposit amount of fine Six months additional imprisonment, U/s 506 IPC-two years Rigorous imprisonment and fine of Rs. 2,000/- failing to deposit amount of fine three months additional imprisonment.

3. Learned counsel for the appellant submits that appellant was falsely implicated in the present case. He further submits that during trial, appellant was on bail and he did not misuse the liberty of bail. He further submits that trial court failed to appreciate the evidence deposed by the prosecution witnesses in the correct prospective. He further submits that there is no possibility of conclusion of the appeal in near future, hence, the appellant is entitled for bail.

4. Learned A.G.A. opposes the prayer for bail and submits that conviction of the appellant is on the basis of evidence on record.

5. Having heard the submission made by learned counsel for the appellant as well as learned A.G.A and perused the material brought on record, this Court is of the view that appellant is entitled to be released on bail during the pendency of criminal appeal before this Court.

6. Hence, prima facie, case for bail is made out, at this stage.

7. Accordingly, the application for bail is allowed.

8. Let the appellant-Rakesh Kumar involved in aforesaid case be released on bail on furnishing a personal bond of Rs. 25,000/- with two sureties in the like amount subject to following conditions:-

(i) Fine imposed by the trial court shall be deposited by the appellant at the time of his release.

(ii) The appellant shall cooperate in the disposal of appeal without seeking unnecessary adjournment.

(iii) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.

9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

10. As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial court concerned to be kept on record of this appeal.

Order Date :- 1.7.2024

prateek