Allahabad High Court
Rakesh Kumar vs State Of U.P. And Another on 12 July, 2019
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. APPLICATION U/S 389(2) No. - 12 of 2019 Applicant :- Rakesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Kumar Govil Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
Heard Sri Pankaj Kumar Govil, learned counsel for the applicant, learned A.G.A for the State and perused the impugned order.
The present bail application has been filed by the applicant- Rakesh Kumar in Criminal Appeal No. 49 of 2018 (Rakesh Kumar Vs. State of U.P.), pending in the court of Additional District Judge, Court No.3, Mathura, arising out of the judgment and order dated 14.8.2018 & 16.8.2018 passed by the Chief Judicial Magistrate, District Mathura in Criminal Case No.2852 of 2018, arising out of Case Crime No.201 of 2013, under Sections 409, 420, 467, 468, 471 I.P.C., Police Station- Goverdhan, District- Mathura, with the prayer to enlarge him on bail during the pendency of the appeal.
Submission of the learned counsel for the applicant is that the applicant was tried for offence under Sections 409, 420, 467, 468, 471 I.P.C., P.S. Goverdhan, District Mathura along with other co-accused in Criminal Case No.2852 of 2018 by Chief Judicial Magistrate, Mathura. The applicant was convicted vide judgment and order dated 16.8.2018. He was found guilty under various heads and the maximum sentence imposed by the trial court is seven years in all the offences and the same are to run concurrently. Feeling aggrieved, the applicant preferred an appeal before the Session Judge which has now been transmitted to the court of Additional District Judge, Court No.3, Mathura being Criminal Appeal No. 49 of 2018 (Rakesh Kumar Vs. State of U.P.). The appeal has been admitted and application for bail was moved, however, the same was rejected by impugned judgment and order dated 9.4.2019 on the ground that the offences are serious in nature and against the society. It is further submitted by learned counsel for the applicant is that the applicant is in jail since 28.9.2013 which is about five years and seven months. The appeal has not been heard till date by the learned Judge and his bail application has been illegally rejected by the appellate court, though, it is yet to be decided on merits. Therefore, the applicant may be enlarged on bail during the pendency of the appeal.
Learned A.G.A. has strongly opposed the prayer for bail of the applicant but could not dispute that the maximum sentence awarded under all the heads is seven years and the applicant is languishing in jail since 28.9.2013, however, he submitted that considering the nature and gravity of the offence some conditions and heavy amount of surety may be imposed.
Considering the overall facts and circumstances of the case, in my opinion, as the appeal is already pending and the applicant has remained in jail for about five years and seven months, I deem it fit to enlarge the applicant.
Let applicant- Rakesh Kumar be released on bail in the aforesaid case subject to his furnishing a personal bond of Rs. 2 lacs and two sureties each of the like amount to the satisfaction of the court concerned.
Learned Additional District Judge, Court No.3, Mathura is hereby directed to expedite the Criminal Appeal No. 49 of 2018 (Rakesh Kumar Vs. State of U.P.) and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of four months from the date of production of a certified copy of this order, if there is no legal impediment.
The Criminal Misc. Bail Application is, accordingly, allowed.
Order Date :- 12.7.2019 Pcl