Allowed

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

Allahabad HC23 Aug 2024CRLA/2213/2024

Case brief

AI extract

What is this about?

Court granted bail to appellants Bhola and Anurag pending appeal under Section 389(1) Cr.P.C., ordering them to furnish personal bond and two sureties, subject to depositing the fine, noting their respective criminal histories and the likelihood of delayed appeal disposal.

What did the court decide?

Appellants released on bail by furnishing personal bond and two sureties subject to deposit of fine.

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

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 2213 of 2024

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Appellant :- Bhola And Another Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Ravi Shankar Tripathi Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Order on Application under Section 389(1) Cr.P.C.

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Short counter affidavit preferred on behalf of the State after serving copy of the same upon learned counsel for the appellants is taken on record.

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Heard learned counsel for the appellants-applicants and learned A.G.A. for the State.

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Despite service of notice, none appeared on behalf of opposite party no.4 either in person or through counsel.

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At the very outset, learned counsel for the applicants submitted that vide judgement and order dated 28.02.2024 passed by learned trial court maximum punishment of four years of rigorous imprisonment was awarded to the applicants along with fine of Rs.11,000/- each, wherein the appellants are under incarceration since the date of conviction. Learned counsel for the appellants/applicants further submitted that appellant no.1 has no other criminal history credited in their favour, where as appellant no.2 has single case of criminal history to his credit, which has been explained in para- 20 of the affidavit filed in support of application under section 389(1) Cr.P.C. along with memo of appeal and there is hardly any case of misuse of bail extended to them during trial. It is lastly submitted that disposal of appeal will take time and accused-appellants 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.

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Per contra, learned A.G.A. vehemently opposed the prayer made in the instant application, but did not dispute the above facts submitted by learned counsel for the applicants/appellants.

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Considering the rival submissions extended by learned counsel

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for the parties as well as considering the unlikelihood of early hearing of appeal due to heavy pendency, punishment awarded as well as the fact that appellant no.1 has no other criminal history and criminal history credited in favour of appellant no.2 has been explained, 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. Rest of the other grounds shall be subject matter of final adjudication of this appeal.

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Let the applicants/appellant s- Bhola and Anurag , be released on bail on their furnishing personal bond and two sureties in the like amount to the satisfaction of court concerned in Special Session Trial No. 37 of 2016 (State vs. Bhola and Another) arising out of Case Crime No. 92 of 2016, under Sections 354, 323/34 I.P.C. and Sections 7/8 of POCSO Act, P.S. Moosaganj, DistrictBudaun, subject to deposition of entire amount of fine, if already not deposited.

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As soon as personal bonds 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 record of this appeal.

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Order on Appeal

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List in due course.

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Order Date :- 9.9.2024 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

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

Case brief

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

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