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Yogesh Kumar And Another vs State Of U.P. on 10 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 32

Case :- CRIMINAL APPEAL No. – 2278 of 2013

Appellant :- Yogesh Kumar And Another

Respondent :- State of U.P.

Counsel for Appellant :- Rajesh Kumar Mishra, A.C.Srivastava, J.H. Khan, Suresh Gupta

Counsel for Respondent :- Govt. Advocate

Hon’ble Shashi Kant Gupta,J.

Order on Third Bail Application No. 10 of 2019

This is a third bail application on behalf of the appellant namely Smt. Jagwati @ Jaggo. The first and second bail applications were rejected by this Court vide order dated 11.02.2014 and 25.08.2014 respectively.

I have heard learned counsel for the parties on the bail prayer of the appellant, who has been found guilty under various sections of IPC and sentenced to suffer various terms of imprisonment, the maximum being 14 years. Fine has also been imposed.

Learned counsel for the accused-appellant has submitted that the accused-appellant is innocent and has been falsely implicated. He further submitted that the appellant has already spent more than eight years and nine months in jail as against the maximum punishment of fourteen years awarded to her. He further submits that false allegation has been made against the appellant and the evidence of witnesses of fact is not believable. He further submitted that there is no credible evidence against the appellant to show her complicity in the commission of the alleged offence. It is further submitted that if the accused-appellant is released on bail she will never misuse the liberty of bail, so the accused appellant should be enlarged on bail. He further submitted that there is no likelihood of early hearing of this appeal in near future.

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While referring to the judgment and order dated 23.03.2018 passed by the Apex Court in Criminal Appeal No. 437 of 2018 arising out of Special Leave Petition (Criminal) No. 9441 of 2017 (Amit Bansal Vs. State of Uttar Pradesh), learned counsel for the appellant has stated that the case of the appellant is fully covered by the said judgment as the appellant has already spent more than eight years and nine months in jail, as such, the appellant is also entitled for bail in view of the aforesaid judgment .

Learned A.G.A. has opposed the prayer for bail.

Keeping in view the rival submissions as advanced by learned counsel for the parties, judgment and order passed by the Apex Court in the case of Amit Bansal (Supra), I am of the view that the appellant should be released on bail.

Without going into the merits of the case, let the appellant namely Smt. Jagwati @ Jaggo convicted in Sessions Trial No. 1070 of 2011 (in case crime no. 119 of 2011), under Sections 498A, 323, 504, 506, 307, 304B of IPC and Section 3/4 D.P. Act, Police Station Sururpur, District Meerut be released on bail during the pendency of appeal on executing a personal bond with two reliable sureties each in the like amount to the satisfaction of the Court concerned.

The prayer for stay of realization of fine imposed upon the appellant is hereby refused.

On acceptance of bail bonds and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.

The bail application is, accordingly, disposed of.

Order Date :- 10.1.2020

Arun

 

 

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