Allowed

Bhola Singh v. State of U.P. and 3 Others

Allahabad HC25 Jul 2024CRLA/2023/2024

Case brief

AI extract

What is this about?

In an application under Section 389(1) CrPC, the High Court granted bail to the appellant during the pendency of his appeal against conviction, given the heavy pendency of cases and his lack of criminal record, without deciding the merits. A separate order listed the principal appeal.

What did the court decide?

Enlargement of appellant on bail during pendency of appeal on personal bond and two sureties.

Bhola Singh vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2024)

¶1

Court No. - 83

¶2

Case :- CRIMINAL APPEAL No. - 2023 of 2024

¶3

Appellant :- Bhola Singh Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Anurag Shukla Counsel for Respondent :- G.A.,Pankaj Kumar Sharma

¶4

Hon'ble Saurabh Srivastava,J.

¶5

Order on Application u/s 389(1) Cr.P.C

¶6

Heard Sri Anurag Shukla, learned counsel for appellant, Sri Arun Kumar holding brief of Sri Pankaj Kumar Sharma, learned counsel for opposite party no. 2 and learned AGA for the State.

¶7

It has been submitted by learned counsel for the appellant/applicant that the appellant is innocent and has been falsely implicated. 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 appellant. The prosecution has not been able to prove its case beyond reasonable doubt. Out of conviction of 5 years extended against the appellant, 2 years has already been spent by the appellant under incarceration, since appellant is languishing in jail since 13.05.2022. Appellant/applicant has no criminal history to his credit and this fact has been ascertained by learned AGA also. Applicant undertakes 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 applicant/appellant is entitled to be released on bail during pendency of appeal.

¶8

Per contra, Sri Arun Kumar holding brief of Sri Pankaj Kumar Sharma, learned counsel for opposite party no. 2 and learned AGA vehemently opposed the prayer as made in the application but could not dispute the aforesaid facts.

¶9

Rest of the other grounds taken up while preferring the instant appeal shall be subject to final outcome of the instant appeal but at this juncture, keeping in view the aforesaid facts and circumstances of the case such as no criminal history credited to the appellant/applicant, period of incarceration and considering the unlikelihood of early hearing of appeal due to heavy pendency, without interfering into the merits of the case, I am of the opinion

¶10

that applicant/appellant is entitled to be enlarged on bail during pendency of appeal.

¶11

Let the applicant/appellant - Bhola Singh be enlarged on bail in Session Case no. 1175 of 2022 arising out of Case Crime no. 28 of 2022, under Sections 323 IPC and 9m/10 POCSO Act, Police Station- Chakar Nagar, District- Etawah on his furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

¶12

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.

¶13

Order on Appeal

¶14

Let record of learned trial court be summoned.

¶15

List in due course.

¶16

Order Date :- 25.7.2024 Shaswat

¶17

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Bhola Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Bhola Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Amrit Lal @ Chhota Baniya vs State of Up and Another

Nanku and 2 Others vs State of Up and 3 Others

Sadik vs State of Up and 3 Others

Sanju vs State of U.P. and 3 Others

Dharmendra @ Dabloo vs State of Up and 3 Others

Amrendra Kumar Singh vs State of Up and Another