MOHAN GIRI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the accused appellant Gopal Giri and the learned AGA for the State. This is the second bail application pressed on behalf of appellant Gopal Giri in the appeal filed against the judgment and order dated 17-3-2007 passed by Additional Sessions Judge/ Fast Track Court No.2 Ghazipur in Sessions Trial No. 641 of 2004 State vs. Mohan Giri and others whereby the appellant alongwith co-appellants have been found guilty and convicted under sections 304/34, 325/34, 323/34 I.P.C. Police Station Karanda District Ghazipur and sentenced to undergo rigours imprisonment upto 10 years. Fine has also been imposed with default stipulation on each of them. By order of this court dated 27-7-2007 co-appellants Mohan Giri, Chhatoo Giri and Shyam Ji Giri were ordered to be released on bail. However, prayer for release of present appellant Gopal Giri was refused. It is contended by the learned counsel for the appellant that there was a cross case and from side of accused Chhatoo Giri also sustained injury and in FIR there was allegation against all the accused persons that they were armed with lathi but during trial it has come that the appellant Gopal Giri was armed with lathi. Learned AGA argued that the injures were caused by the accused persons. Considering the entire facts and circumstances of the case but without affecting merit of the case, the appellant Gopal Giri is entitled to be released on bail Let the appellant Gopal Giri be released on bail during the pendency of appeal on his furnishing a personal bond with two sureties each of the like amount to the satisfaction of the court concerned and also on depositing half of the fine amount imposed on him. The realisation of 3/4th of the fine imposed upon the appellant shall remain stayed during the pendency of this appeal provided remaining 1/4 of the fine amount is deposited by the appellant within a period of 6 weeks from the date of this order. The appellant shall give an undertaking that during the pendency of the appeal, he shall not indulge in any criminal and antisocial activity and shall have good behaviour and shall not threaten the witnesses or their family members. In case any complaint is received, it shall be properly enquired into and report, if any, is made to this court, the bail may be cancelled.