Sabharaj Alias Shobnath vs State of U.P. and 3 Others

This Criminal appeal under Section 374(2) Cr.P.C./415 (2) of B.N.S.S. has been preferred with a prayer to allow this application/ suspend the sentence of conviction of appellant in Special Sessions Trial No. 268 of 2023 (State Versus Sandeep Kumar and another) arising out of Case Crime No. 224 of 2023, under Section 368 I.P.C., Police Station Kuthan, District Jaunpur and also prays to stay the realization of fine during the pendency of present appeal.

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It is submitted by learned counsel for the appellant that the learned trial court did not appreciate the evidence on record in proper way but convicted and sentenced the appellant for a period of three years imprisonment with fine and released him on interim bail till filing of this appeal. Since hearing of appeal is also not likely to be completed in near future, therefore, request to release the appellant on bail during the pendency of appeal.

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Learned A.G.A. opposed the bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the appellant as well as learned A.G.A. and perusal of record, judgment passed by learned trial court and none possibility of hearing of appeal in near future; without further commenting on merit of the case, I am inclined to release the appellant on bail.

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CRLA No. 11780 of 2025

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Let appellant Sabharaj Alias Shobnath be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned during pendency of this appeal.

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The realization of half of the fine awarded to the appellant shall also remain stayed during the pendency of the appeal, if not already deposited.

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

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The appellant would be entitled to get the benefit of this order only after depositing 50 % amount of fine, if not already deposited.

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The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by representative/counsel of the appellant (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.

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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 on Appeal

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Admit.

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Summon the trial court record.

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Issue notice to respondent no. 2 and 3, returnable within a period of four weeks.

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List in due course.

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December 18, 2025 Suraj Srivastav