JADUNATH SINGH Vs. ARVIND KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise from a Common Order passed by Allahabad High Court on 8/2/2023 while adjudicating three Criminal AppealsCriminal Appeal No. 5033 of 2019 (Arvind Kumar vs State of U.P.), Criminal Appeal No. 5100 of 2019 (Chandra Kumar @ Chandu vs State of U.P.) and Criminal Appeal No. 5102 of 2019 (Rishi Kumar vs State of U.P.). The Applicants had sought for suspension of sentence and grant of bail through these Appeals on the primary ground that they are in jail for more than ten years. Also, two co-accused Pramod Kashyap and Adesh Kumar had been granted bail by coordinate bench of same High Court. By the Impugned order, the three Applicants- Arvind Kumar, Chandra Kumar @ Chandu and Rishi Kumar were granted bail during the pendency of their Criminal appeals, with condition of furnishing a personal bond in the sum of Rs.50,000.00 each (Fifty Thousand) along with two sureties. Appellant is the Complainant and has challenged the order of granting bail through these appeals.

(3.) The three Applicants have filed separate Criminal Appeals before High Court against order of Sessions Court dtd. 6/6/2019 whereby total five Accused namely, Arvind Kumar, Chandra Kumar @ Chandu, Rishi Kumar, Pramod Kashyap and Adesh Kumar were convicted under Ss. 147, 148, 302/149 and 120B of Indian Penal Code, 1860(In short, "IPC"). They were sentenced for life imprisonment under Sec. 302/149 of IPC along with fine of Rs.20,000.00. By the same order two other accused- Monu and Amit Kumar were acquitted of all the Charges.