Allowed

Azad @ Chhedai v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC19 Mar 2024CRLA/951/2024

Case brief

AI extract

What is this about?

The bench considered a bail application filed by the appellant against his conviction and sentence in Sessions Trial No.52/2013 under Sections 363 and 366 I.P.C. After evaluating the submissions regarding reasonable prospects of appeal success and the lack of likelihood of early hearing, the court allowed the request for bail.

What did the court decide?

Appellant Azad @ Chhedai granted bail on personal bond and two sureties to the satisfaction of the trial court; fine not stayed pending deposit within two months.

Azad @ Chhedai vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Court No. - 16

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Case :- CRIMINAL APPEAL No. - 951 of 2024

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Appellant :- Azad @ Chhedai Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Appellant :- Abdul Samad Counsel for Respondent :- G.A.

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Hon'ble Shamim Ahmed,J.

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(Order on memo of appeal)

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Heard learned counsel for the appellant and learned A.G.A. for the State.

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Perused the impugned judgment.

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Admit.

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Summon the trial court record.

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Notice has already been received by learned A.G.A. on behalf of the State.

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Connect this case alongwith Criminal Appeal No.831 of 2024.

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List this appeal in the due course of hearing.

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(Order on Application for Bail)

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Heard learned counsel for the appellant and learned A.G.A. for the State.

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The appellant/applicant, Azad @ Chhedai, seeks bail in this appeal, which has been preferred against the judgment and order dated 02.03.2024 passed by learned Additional District and Sessions Judge / F.T.C.-III, Raebareli in Sessions Trial No.52/2013, Case Crime No.978 of 2009, Police Station Naseerabad, District Raebareli, convicting and sentencing the appellant under Section 363 I.P.C. for four years rigorous imprisonment alongwith fine of Rs.5,000/- and under Section 366 I.P.C. for four years rigorous imprisonment alongwith fine of Rs.5,000/- with default stipulations.

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Learned counsel for the appellant submits that appellant was on bail during course of trial which was never misused by him, the same is also stated in para 13 of the affidavit filed alongwith the bail application. There is no likelihood of this appeal to be heard at an early date or in near future in the wake of heavy

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pendency of cases in the court. Criminal history of the appellant has been explained in para 19 of the affidavit filed alongwith the bail application.

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Several other submissions in order to demonstrate the falsity of the allegations made against the appellant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the appellant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him.

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Counsel has attempted to point out several other inherent infirmities in the evidence and also the elements of improbability contained therein and it has been argued that with such infirmities on record there is a reasonable prospect of this appeal being allowed after final hearing takes place.

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Learned A.G.A. has opposed the prayer for bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early hearing and conclusion of appeal, this Court is of the view that the appellant may be enlarged on bail.

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Let the appellant- Azad @ Chhedai convicted and sentenced in Sessions Trial No.52/2013, Case Crime No.978 of 2009, Police Station Naseerabad, District Raebareli, under Section 363 I.P.C. for four years rigorous imprisonment alongwith fine of Rs.5,000/- and under Section 366 I.P.C. for four years rigorous imprisonment alongwith fine of Rs.5,000/- with default stipulations, be released on bail on his executing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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It is made clear that fine, if any, is not stayed and the same be deposited by the appellant within two months after he is enlarged on bail.

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On acceptance of bail bond and personal bond, the trial court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must

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not be construed to have any reflection on the ultimate merits of the case.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 19.3.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Azad @ Chhedai v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Azad @ Chhedai v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

What the court decided

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Statutes considered

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