Allowed

Ram Karan v. State of U.P. Thru. Prin. Secy. Home, Lko.

Allahabad HC1 Jul 2024CRLA/2019/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed during the pendency of a criminal appeal against a conviction and sentence under Sections 307 and 34 of the IPC. The appellant was ordered to be released on a personal bond with sureties and conditions.

What did the court decide?

Appellant released on bail by furnishing a personal bond of Rs. 25,000 with two sureties.

Ram Karan vs State of U.P. Thru. Prin. Secy. Home, Lko. — Bail and Remand | Allahabad HC (2024)

¶1

Court No. - 11

¶2

Case :- CRIMINAL APPEAL No. - 2019 of 2024

¶3

Appellant :- Ram Karan Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Appellant :- Ashish Kumar Singh,Dileep Singh,Manish Vaish

¶4

Counsel for Respondent :- G.A.

¶5

Hon'ble Abdul Moin,J.

¶6

(Order on appeal)

¶7

Heard.

¶8

Admit.

¶9

Summon the trial court record.

¶10

List after receipt of the trial court record.

¶11

(Order on C.M. Application No.1 of 2024- First Bail Application)

¶12

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

¶13

A prayer for bail has been made by the appellant in this criminal appeal, which has been filed against the Judgment and order dated 29.5.2024 passed by learned Additional Sessions Judge, Court No.1, Gonda in S.T. No. 300/2019 arising out of crime no. 113/1998, Police Station - Tarabganj, District Gonda convicting and sentencing the appellant U/s 307/34 IPC for a period of 7 years rigorous imprisonment and fine of Rs. 10,000/-. In default of payment of fine, additional sentence of six months simple imprisonment was also directed.

¶14

Learned counsel for the appellant submits that appellant has been falsely implicated in the present case. The complainant PW-1 in his statement has not assigned the role of firing to the appellant. PW-3 Ishwar Sharan-brother of the complainant in his statement has stated that at the time of incident he had seen only Shiv Murat who had fired on the complainant. 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 be enlarged on bail.

¶15

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

¶16

Having heard the submissions 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.

¶17

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

¶18

Accordingly, the application for bail is allowed.

¶19

Let the appellant- Ram Karan 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:-

¶20

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

¶21

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

¶22

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

¶23

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

¶24

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.

¶25

Order Date :- 1.7.2024 A. Katiyar

¶26

Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench

Ram Karan v. State of U.P. Thru. Prin. Secy. Home, Lko.

Case brief

What is this about?

What did the court decide?

Ram Karan v. State of U.P. Thru. Prin. Secy. Home, Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Anil Kumar Singh vs State of U.P Thru. Addl. Chief Secy. Deptt. of Home Lko and 2 Others

Complainant/Legal Guardian of Victim of Case Crime NO.234/2019 vs State of U.P. Thru. the Prin. Secy. Home, Lko. and Others

Dinesh Kumar vs State of U.P.

Juvenile X (Minor) Thru. His Father vs State of U.P Thru. Prin. Secy. Home Lko. and Another

Mohd. Rafi and Others Vs State of U.P. Thru. Prin. Secy. Home, Lucknow and Anr.

Durgesh Kumar Singh vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko and 2 Others