Partly allowed

Ramakant and Another v. State of Up

Allahabad HC22 Jul 2024CRLA/109/2024

Case brief

AI extract

What is this about?

In a criminal appeal and bail application, the Allahabad High Court dismissed the appellants' challenge to their conviction but granted interim bail during the appeal's pendency due to heavy case backlog and the appellants' lack of antecedents or bail misuse history, subject to a personal bond and two sureties each.

What did the court decide?

Appellants enlarged on bail during pendency of appeal on furnishing personal bond and two sureties each of like amount.

Ramakant and Another vs State of Up — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:116549

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 109 of 2024

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Appellant :- Ramakant And Another Respondent :- State of U.P. Counsel for Appellant :- Gyan Prakash,Ray Sahab Yadav Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Order on Criminal Misc. (Suspension of Sentence) Bail Application

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Heard learned counsel for the appellants, learned AGA for the State and perused the records.

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Although a specific direction has been made vide order dated 02.02.2024 for seeking instructions, however, till today, no instructions is available with learned AGA for the State. No option left but to consider the prayer made in the bail application.

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It has been submitted by learned counsel for the appellants/applicants that the appellants/applicants are innocent and have been falsely implicated in the instant case. It has been further submitted that the conviction and sentence imposed by the learned trial Judge is against the weight of evidence on record. The trial court has misread the evidence on record and convicted the appellants/applicants. The prosecution has not been able to prove its case beyond reasonable doubt. It is further submitted by learned counsel for the appellants that the prosecution witnesses have not supported the prosecution story and there is contradiction in the statements of informant, victim and other prosecution witnesses. Appellants were on bail during trial and they have not misused the liberty of bail. Appellants/applicants are languishing in jail since 16.12.2023 having no criminal antecedents to their credit and they undertake not to misuse the liberty of bail, if granted by this Court since prospect of the appeal being heard in the near future is extremely remote, hence the applicants/appellants are entitled to be released on bail

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during the pendency of appeal.

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Per contra, learned AGA for the State vehemently opposed the prayer as made in the application but could not dispute the aforesaid facts.

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Keeping in view the aforesaid facts and circumstances of the case such as appellants having no criminal antecedents to their credit apart from the present case and appellants were on bail during trial and they have not misused the liberty so granted by the trial court the unlikelihood of early hearing of appeal due to heavy pendency, without interfering into the merits of the case, I am of the opinion that appellants/applicants are entitled to be enlarged on bail during pendency of appeal.

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Let the appellants/applicants - Ramakant and Bheem be enlarged on bail in Session Trial No. 235 of 2018 (State of U.P. Vs. Ramakant and Another) arising out of Case Crime No. 76 of 2018 under Sections 366 I.P.C., Police Station-Samthar, District-Jhansi on their furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

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

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Order on Memo of Appeal

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List in due course.

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Order Date :- 22.7.2024 Karan

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Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad

Ramakant and Another v. State of Up

Case brief

What is this about?

What did the court decide?

Ramakant and Another v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

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