In Criminal Appeal No. 5793 of 2021, the High Court conceded bail to seven appellants during the pendency of the appeal. The court observed they had been on bail during the trial without misusing liberty and noted the appeal was not likely to be heard soon.
Appellants released on bail executing a personal bond and two sureties each in like amounts.
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Court No. - 91
Case :- CRIMINAL APPEAL No. - 5793 of 2021
Appellant :- Ghurahu And 6 Others Respondent :- State of U.P. Counsel for Appellant :- Vivek Kumar Singh,Phool Chandra Yadav,Sharad Kumar Srivastava Counsel for Respondent :- G.A.,Dharmendra Kumar Singh
Hon'ble Mohd. Azhar Husain Idrisi,J.
Order on Criminal Misc. Bail Application (under Section 389(1) Cr.P.C.) No. 1 of 2021
Heard Mr. Phool Chandra Yadav, learned counsel for the appellants, Mr. Dharmendra Kumar Singh, learned counsel for the complainant and the learned A.G.A. for the State. Perused the record.
In the present case 13 persons including the appellants are named as accused. The alleged occurrence had taken place in a sudden quarrel.
On the bail prayer of the appellants under Section 389(1) Cr.P.C. learned counsel for the appellants submitted that the learned trial court erred in convicting the appellants without properly appreciating the facts and circumstances of the case and evidences available on record. The prosecution has miserably failed to prove its case beyond reasonable doubt. Learned counsel further submitted that appellants were on bail during trial and have never misused the liberty of bail. The appellants are languishing in jail since 15.11.2021. Learned counsel further submitted that appellants have every hope of success in appeal and they undertake that they will not misuse the liberty of bail and shall remain present before the Court as and when required and they will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing.
Learned counsel for the complainant and the A.G.A. vehemently opposed the prayer of bail and contended that the appellants have been rightly convicted for the offence and there is sufficient evidence of offence on record against the appellants.
Considering the submissions made by learned counsel for the parties and perused the record, considering the fact that during trial they were on bail and have never misused the liberty of
bail, and also appeal is not likely to be heard in near future, complicity of convicts and sentence as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for grant of bail during pendency of the appeal.
Let the appellants- Ghurahu, Rajesh, Guddu, Lautu Yadav, Naresh, Vijayi and Kanhaiya convicted and sentenced in Sessions Trial No. 450 of 2011 arising out of case crime no. 336 of 2011, under Sections 304/149, 325/149, 323/149 IPC, Police Station Kerakat, District Jaunpur, be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Realization of fine is not stayed.
The application is, accordingly, allowed.
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.
Order on appeal
List the appeal for final hearing in due course.
Meanwhile, Registry to prepare paper book, if not already prepared.
Order Date :- 13.2.2023 M. Tarik
Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to appellants during the pendency of the appeal.
1 provisions across 1 enactments
Ghurahu
Rajesh
Guddu
Lautu Yadav
Naresh
Vijayi
MOHD TARIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
