Devraj vs State Of U.P.

Ankit Pathak, Manvendra Singh, Rajesh Kumar Yadav, Saurabh Yadav, Vinay Kumar Tripathi

Counsel for Respondent(s)

:

G.A.

Court No. - 44

HON'BLE SIDDHARTH, J.

HON'BLE VINAI KUMAR DWIVEDI, J.

Order on Criminal Misc. Bail Application

Custody certified filed by learned counsel for the appellant is taken on record.

Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

This bail application has been moved on behalf of appellant-applicant, Devraj, praying to enlarge him on bail in Session Trial No. 339 of 2016 (State Vs. Devraj and another), arising out of Case Crime No. 227 of 2016, under Section 302/34 IPC, Police Station- Islampur, District- Badaun, during the pendency of this appeal.

This is second bail application of the appellant. The first bail application of the appellant was rejected on 17.12.2024 by the coordinate Bench of this court.

Learned counsel for the appellant has pressed this bail application on behalf of the appellant on the ground that he has completed actual custody of more than 10 years in jail. He has no previous criminal history to his credit. This appeal is of the year 2022. It is not likely to be heard in near future.

Learned A.G.A. has vehemently opposed the prayer for bail of applicant-appellant but could not dispute the contentions of the learned counsel for the appellant.

After hearing the rival submissions and considering the fact that there are more than two hundreds criminal appeals being listed before this court per day and it is not humanly possible to decide all on merit. There is remote possibility of hearing of this appeal in near future hence prayer for grant of bail to the applicant is allowed, keeping in view of judgements of Apex Court in the cases of Madan Singh Vs. State of M.P. (Criminal Appeal No. 728/2018).

Let the applicant-appellant convicted and sentenced in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned.

The sentence awarded to applicant-appellant shall also remain suspended during the pendency of this appeal.

Applicant-appellant shall not transfer, sell, alienate or create any charge on the immovable property in his name, while on bail save with leave of this court. The appellant shall inform the change of address, if any, within ten days, failing which the State shall be at liberty to request for cancellation of his bail.

As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record. The appellant-applicant is directed to deposit 50% of fine within a period of one month from the date of his release from jail.

Remaining 50% of fine shall remain stayed till the pendency of criminal appeal.

It is made clear that in case, the fine is not deposited within the time as specified above, the same shall be recovered in accordance with law.

Order on Criminal Appeal

Office is directed to get the paper book prepared within six weeks, if not prepared.

List this appeal for hearing in due course.

(Vinai Kumar Dwivedi,J.) (Siddharth,J.)

May 7, 2026

Rohit