Allahabad High Court
Ram Raksha Sharma & 4 Others vs State Of U.P. on 23 July, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- CRIMINAL APPEAL No. - 1333 of 2019 Appellant :- Ram Raksha Sharma & 4 Others Respondent :- State Of U.P. Counsel for Appellant :- Kuldeep Bajpai Counsel for Respondent :- Govt. Advocate Hon'ble Mohd. Faiz Alam Khan,J.
Heard.
Admit.
Summon the record of the Lower Court.
List after two weeks along with the record of the Subordinate Court.
(In Ref: C.M. Application No. 83129 of 2019, 83128 of 2019, 83131 of 2019, 83132 of 2019 and 83133 of 2019) Heard learned counsel for the appellants as well as Shri Yugal Kishore, learned A.G.A. for the State, pertaining to the prayer of bail of the appellants and perused the record.
This bail application has been moved by the appellant-applicants/Ram Raksha Sharma, Bharat Singh, Pradeep Kumar Gupta, Girish Kumar Awasthi and Om Prakash Shukla, who are convict of Criminal Case No. 74/2006, arising out of Case Crime No. 142/2003, under Section 7 and 13 Prevention of Corruption Act, 1988, Police Station Naka Hindola, District Lucknow and sentenced for maximum term of 02 years rigorous imprisonment with fine stipulation, vide judgment and order dated 15.07.2019 passed by learned Additional District & Session Judge/Special Judge (P.C. Act), Court No.4, Lucknow, praying to release them on bail, during pendency of instant appeal.
Learned counsel for the appellants while pressing the bail submits that, the appellants have been falsely implicated in this case and nothing illegal or wrong has been committed by the appellants.
It is further submitted that the prosecution, before the Court below, has miserably failed to prove its case beyond reasonable doubt and the Court below has materially erred in convicting the appellants, while there was no clinching, acceptable and reliable evidence against the appellants.
It is further submitted that, the appellants have been convicted under Section 7 of the Prevention of Corruption Act, 1988 and have been sentenced for Rigorous Imprisonment of 02 years with fine stipulation, however, the Court below while convicting the appellants on the same day have released them on interim bail.
It is further submitted that, the appellants were on bail during the course of trial and there is no instance of misusing the liberty granted to them by the Court. There is no likelihood that the appellants after release on bail may flee from the process of law or will co-operate in the early disposal of this appeal or in any way misuse the liberty of bail, so granted by this Court.
Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the appellant-applicants.
Considering the facts and circumstance of the case and keeping in view the nature of offence, evidence, complicity of appellant, punishment awarded and submissions of learned counsels for the parties and without expressing any opinion on the merits of the case, I am of the considered view that the appellants have made out a case of bail. The bail application of the appellants is allowed.
Let the appellant-applicants/Ram Raksha Sharma, Bharat Singh, Pradeep Kumar Gupta, Girish Kumar Awasthi and Om Prakash Shukla involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) 50 Percent of the fine imposed by the trial Court shall be deposited by the appellants within 30 days from his actual release from prison, if the same has not been earlier deposited.
(ii) The appellants shall cooperate in the early disposal of appeal without seeking unnecessary adjournment.
(iii) The appellants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 23.7.2019/Praveen