Kaleem and Another Vs State of U.P. Thru. Addl. Chief Secy. Home Lko.

The applicants-appellants have been convicted and sentenced vide judgment and order dated 29.03.2025, passed by the Sessions Judge, Gonda in Sessions Trial No. 806 of 2021 - State Vs. Abdul Mateen and Others, arising out of Case Crime No. 80 of 2020, under Sections 323, 308, 325, 504 I.P.C., Police Station - Khargupur, District - Gonda. Under Section 325 IPC, the applicants-appellants have been sentenced to five years imprisonment and fine of Rs.3000/-, under Section 308 IPC for five years imprisonment and fine of Rs.2000/-, under Section 323 I.P.C. for one year imprisonment, alongwith default stipulations.

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It is submitted by learned counsel for the appellantsapplicants that with regard to an incident which occurred on 07.09.2021, cross first information reports were lodged from both the sides, where the trial has resulted in acquittal of all the persons of the complainant's side while the appellants side has been convicted in the said case.

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Learned counsel for the applicant-appellant has next submitted that with regard to conviction of appellants under Section 308 IPC is concerned, perusal of nature of injuries sustained by the injured would reveal that at the most appellants could have been held guilty of Section 325 IPC. It is next submitted that as per version of complainant, the dispute between the parties pertain to demarcation of kabristan land on which the fight erupted.

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Learned counsel for the applicants-appellants has further submitted that the appellants have no criminal history and that during trial, the appellants were on bail and they have not

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misused the liberty of bail. It is lastly submitted that there is no likelihood of present appeal being heard and decided in near future and hence prayer has been made to enlarge the applicants on bail during pendency of present appeal.

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Learned Additional Government Advocate on the other hand has opposed the application for bail but does not dispute the above facts as narrated by the counsel for the applicantsappellants.

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Heard learned counsel for the parties and perused the record.

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On considering the entire aspects of the matter, specially the fact that appellants-applicants were on bail during trial and that no incident has been reported that they have ever misused the liberty of bail coupled with the fact that there were cross first information reports lodged from both the sides and that civil dispute was going on between the parties and that the appellants have no previous criminal history, the applicants have made out a case for grant of bail during pendency of present criminal appeal.

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Considering the overall facts and circumstances of the case, the material on record, I am of the considered opinion that this is a fit case for grant of bail to the appellants-applicants.

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Let, the applicant-appellant Kaleem and Bilal , convicted in Sessions Trial No. 806 of 2021 - State Vs. Abdul Mateen and Others, arising out of Case Crime No. 80 of 2020, under Sections 323, 308, 325, 504 I.P.C., Police Station - Khargupur, District - Gonda, be released on bail on furnishing a personal bond and two sureties each to the satisfaction of the Magistrate/Court concerned.

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Half of the fine imposed by the trial Court upon the applicants shall remain stayed during pendency of present criminal appeal, rest of the fine shall be deposited by them within one month from the date of their release.

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It is made clear that the bail is being granted to the applicants on the condition that the counsel for the appellants shall appear to argue the appeal as and when the appeal is listed. In case of default of the counsel and non-payment of fine as directed above, the bail is likely to be cancelled.

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It is further made clear that in case the applicants/appellants commit any offence while on bail, the prosecution would be at liberty to file an application for cancellation of bail.

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The Magistrate/Court concerned shall forward copy of the bail bonds as well as list of sureties, to this Court for keeping the same on record.

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The bail application stands disposed of .

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Order on Criminal Appeal

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Let the appeal be listed in due course.

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Order Date :- 8.5.2025 A. Verma

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(Alok Mathur, J.)

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

Kaleem and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

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Kaleem and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

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