Allahabad High Court
Ajay Yadav vs State Of U.P. on 13 June, 2022
Author: Mohd. Aslam
Bench: Mohd. Aslam
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- CRIMINAL APPEAL No. - 1201 of 2019 Appellant :- Ajay Yadav Respondent :- State of U.P. Counsel for Appellant :- Sarvesh Kumar Shukla,Chandresh Mani Shukla Counsel for Respondent :- Govt. Advocate,Amrendra Kumar,Anil Pratap Singh Hon'ble Mohd. Aslam,J.
Order on Criminal Misc. First Bail Application Heard learned counsel for the appellant/applicant, learned A.G.A. for the State and perused the record.
The instant application has been filed to suspend the sentence of conviction and to release the appellant/applicant on bail in Sessions Trial No.80 of 2017 (State Vs. Ajay Kumar and others), arising out of Case Crime No.387 of 2016, under Sections 498A, 304B I.P.C. & 3/4 of D.P. Act and Alternate Charge under Section 302 I.P.C., Police Station Mankapur, District Gonda, during pendency of criminal appeal.
It has been contended by learned counsel for applicant-appellant that the applicant is innocent and has been falsely implicated in the present case. It has been further contended that the evidence/statement of the defence was not considered in its right perspective. It has been further contended that applicant-appellant has been languishing in jail since 12.11.2016 and has undergone incarceration for a period of almost 5 years, 6 months out of the maximum sentence awarded to him for 10 years. It has been further contended that there is no likelihood of early hearing of appeal in near future. It has been lastly contended that the applicant-appellant has no criminal antecedents to his credit and if he is released on bail, he shall not misuse the liberty of bail.
Learned counsel for the applicant-appellant has placed reliance on the decisions of Supreme Court rendered in Saudan Singh Vs. State of U.P. decided on 25.2.2022 in Criminal Appeal No. 308 of 2022 [@SLP (Crl.) No. 4633 of 2022] as well as in Suleman Vs. State of U.P., decided on 9.5.2022 in Criminal Appeal No.491 of 2022 and has prayed that the applicant-appellant may be released on bail.
Per contra, learned A.G.A. has opposed the bail application, but he could not dispute the aforesaid facts.
I have perused the judgement and record of the lower court with the assistance of the learned counsel for the parties. I am of the opinion that the sentence awarded by the trial court be kept in abeyance in respect of applicant-appellant and the applicant-appellant be enlarged on bail.
Accordingly, the bail application is allowed and it is directed that the applicant-appellant Ajay Yadav be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the concerned court below.
So far as the fine is concerned, the applicant is directed to deposit the 50% amount of fine imposed by the trial court concerned within a period of one month from the date he is released on bail and the remaining fine shall be stayed.
It is made clear that if the applicant-appellant fails to deposit the aforesaid fine imposed upon him, the same shall be recovered by using coercive methods.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Order on Appeal List on 15.7.2022.
Order Date :- 13.6.2022 Anil K. Sharma