Allahabad High Court
Shiv Singh And 2 Others vs State Of U.P. on 28 July, 2021
Author: Rajendra Kumar-Iv
Bench: Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL APPEAL No. - 2832 of 2021 Appellant :- Shiv Singh And 2 Others Respondent :- State of U.P. Counsel for Appellant :- Shikhar Awasthi Counsel for Respondent :- G.A. Hon'ble Rajendra Kumar-IV,J.
Order on Appeal Heard Sri Neeraj Kumar, Advocate holding brief of Sri Shikhar Awasthi, learned Counsel for the appellants and learned AGA for State. Admit.
Learned AGA accepted notice on behalf of State, so there is no need to issue notice to State. Issue notice to complainant / victim, returnable at an early date, to be served through CJM concerned. Summon the Lower Court Record forthwith.
The appeal is directed to be listed in the month of December, 2021 for final hearing before appropriate Bench. Order Date :- 28.7.2021 Manoj Court No. - 75 Case :- CRIMINAL APPEAL No. - 2832 of 2021 Appellant :- Shiv Singh And 2 Others Respondent :- State of U.P. Counsel for Appellant :- Shikhar Awasthi Counsel for Respondent :- G.A. Hon'ble Rajendra Kumar-IV,J.
Ref : Criminal Misc. Bail Application No. 1 of 2021.
Heard Sri Neeraj Kumar, Advocate holding brief of Sri Shikhar Awasthi, learned Counsel for appellants, learned AGA for State and perused the material available on record. Accused-appellants convicted in Special Case No. 56P of 2017 (State of U.P. vs. Shiv Singh and others) arising out of Case Crime No. 111 of 2017, under Sections 447, 308, 323, 325, 354-B, 504, 506 I.P.C., Police Station Sahayal, District Auraiya, applied for bail pending appeal. Learned counsel for the accused-appellants submits that appellants are innocent and have wrongly been convicted and sentenced by the Trial Court. The maximum sentence awarded by Trial Court is three years. Trial Court did not appreciate the evidence in right perspective. All the accused-appellants have been released on interim bail. Due to heavy pendency of appeals, this appeal is not likely to be heard in near future. In case the appellants are enlarged on bail, they shall not misuse the liberty of bail. Learned AGA has opposed the prayer for bail but conceded the factual position and submitted that the trial Court recorded conviction on the evidence available on record. Hence, the bail application is liable to be rejected. Considering the facts and circumstances of the case, evidence adduced before trial court, rival contentions of learned Counsel for parties and fact that the appellants are on interim bail by trial court and without commenting upon merit of case, accused-appellants deserve bail. Accordingly, bail application is allowed.
Let the appellants Shiv Singh, Santosh and Manoj be released on bail in the aforesaid matter, during pendency of appeal, on their furnishing a personal bond and two reliable sureties in the like amount before the trial Court concerned to its satisfaction. Fine shall be deposited within one month from the date when the bail bonds are filed, failing which trial court shall proceed with the matter / realization of fine in accordance with law. As soon as personal bonds and surety bonds are furnished, after keeping the same on record, photocopies are directed to be transmitted to this Court forthwith by trial Court concerned for keeping them on the record of appeal. Order Date :- 28.7.2021 Manoj