Rahul Kashap vs State of U.P Thru. Prin. Secy. Home Lko.

The appellant/applicant, Rahul Kashap, seeks bail in this appeal, which has been preferred against the judgment and order dated 04.07.2024 passed by the Court of the learned Addl. Sessions Judge, Court No. 4/Special Judge (E.C. Act), Gonda, in Sessions Trial No. 04 of 2016, arising out of Case Crime No. 659 of 2015, Police Station Kotwali Nagar, District Gonda, convicting and sentencing the appellant under Sections 307/149,147, 148, 504, 505, 506, 332/149, 353/149, 296, 188, I.P.C. and Section 7 of Criminal Law Amendment Act.

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It has been submitted by learned counsel for the applicant/appellant that it is a case of no injury, which is evident; after looking into statement of the investigating officer, who has admitted that no statement of the doctor was recorded by him. He has also submitted that trial court has not examined any doctor, but the appellants have been convicted under section 307 IPC for 10 years. He has further submitted that no one has seen the appellant on the spot when the altercation took place. He has submitted that the appellant is in jail since 04.07.2024, and he was also in jail for about

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CRLA No. 2449 of 2024

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2

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six months during the trial.

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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 Additional Government Advocate has opposed the bail, but he could not dispute the fact that no doctor was examined or that any injury was received by any one.

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Considering the overall arguments that no doctor was examined or that any injury was received by any one; there is perversity in the trial court's order;applicant has no criminal history and he is in jail since 04.07.2024; the unlikelihood of early hearing of appeal, this Court is of the view that it is a fit case for bail. The bail-application is accordingly allowed.

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Let the appellant/applicant, namely, Rahul Kashap, convicted and sentenced in Sessions Trial No. 04 of 2016, arising out of Case Crime No. 659 of 2015, Police Station Kotwali Nagar, District Gonda, under Sections 307/149,147, 148, 504, 505, 506, 332/149, 353/149, 296, 188, I.P.C. and Section 7 of Criminal Law Amendment Act, be released on bail on their executing personal bonds and two sureties, each in the like amount, to the satisfaction of the court concerned.

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

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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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CRLA No. 2449 of 2024

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3

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It is made clear that the fine is not stayed and half of the fine shall be deposited by the applicant-appellant within one one month from the date of his release.

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(Shree Prakash Singh,J.)

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September 2, 2025 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Rahul Kashap v. State of U.P Thru. Prin. Secy. Home Lko.

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Rahul Kashap v. State of U.P Thru. Prin. Secy. Home Lko.

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