Allahabad High Court
Paras Yadav vs State Of U.P. on 12 April, 2018
Bench: Shashi Kant Gupta, Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- CRIMINAL APPEAL No. - 7524 of 2017 Appellant :- Paras Yadav Respondent :- State Of U.P. Counsel for Appellant :- Ajay Kumar Barnwal Counsel for Respondent :- G.A. Hon'ble Shashi Kant Gupta,J.
Hon'ble Bachchoo Lal,J.
Ref: Criminal Misc. Bail Application No.410380 of 2017.
Matter was taken up yesterday i.e. 11.4.2018.
On the request of learned counsel for the complainant the matter was directed to be listed for today.
Sri Rahul Singh, learned counsel for the complainant has sent illness slip today. It appears that he is not interested to argue the matter.
This is a bail application moved on behalf of appellant who has been convicted in S.T. No.138 of 2014, arising out of case crime No.475 of 2013 under Sections 147, 148, 302/ 149 I.P.C., Police Station Dullahpur, District Ghazipur and sentenced to undergo life imprisonment with fine.
Heard, Sri Brijesh Sahai, Ajay Kumar Baranwal and Katyayani, learned counsel for the appellant, learned A.G.A. for the State and perused the record.
Contention of learned counsel for the appellant is that primarily, even if the prosecution story is believed to be true as set up in the F.I.R. itself, nature of injuries mentioned in the postmortem report could not have been possible. Deceased had received three gunshot injuries which were caused by closed gun-shot firing, but sizzling was not found by the doctor. The person, who was driving the motorcycle with the deceased, caused no injury. It is further contended that as per the prosecution version set up in the F.I.R., motorcycle was left on the spot along with other purchasable items like vegetables etc. and when police reached the place of occurrence, purchasable items were not there and dead body was lying in an abundant state. It has been also contended that there is no likelihood of the appeal being heard in near future and there is every likelihood of the appeal being allowed. Learned counsel for the appellants further submitted that Ram Dular Yadav has already been released on bail in Cr. Appeal No. 6756 of 2017 on 24.1.2018. Learned counsel for the appellant further submitted that the case of the appellant stands on the same footings with the case of Ram Dular Yadav who has already been granted bail, therefore, he is also entitled for bail on the ground of parity.
Per contra, learned A.G.A. has opposed the prayer for bail and supported the trial court judgment.
Keeping in view of the rival submissions as advanced by learned counsel for the parties, nature of the case, judgement and other materials available on record, we are of the view that the appellant should be released on bail.
Let the appellant Paras Yadav convicted and sentenced in S.T. No.138 of 2014 arising out of case crime No.475 of 2013 under Sections 147, 148, 302/ 149 I.P.C., Police Station Dullahpur, District Ghazipur be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned.
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.
Fifty percent of the fine shall be deposited by the appellant within a period of one month from the date of his release and balance fifty percent of fine shall remain stayed during the pendency of this appeal.
In case of default in depositing fifty percent of fine within the aforesaid period, the same shall be recovered in accordance with law.
Lower court record has been received. Office is directed to prepare paper books and list in due course for hearing.
Order Date :- 12.4.2018/Gss