(A.M. Khanwilkar and Krishna Murari, JJ.)
Kushal __________________________________________ Appellant;
v.
State of Uttar Pradesh _____________________________ Respondent.
Criminal Appeal No. 458 of 2021 (Arising out of SLP (Crl.) No. 2846/2021), decided on May 3, 2021
The Order of the court was delivered by
Order
1. Leave granted.
2. This appeal takes exception to the judgment and order dated 9th February, 2021 of the High Court of Judicature at Allahabad in Criminal Misc. Second Bail Application No. 44464 of 2014 in Criminal Appeal No. 1821 of 2013, rejecting the prayer for bail during the pendency of the appeal, despite the fact that the appellant has already remained in jail for nine years and there is no possibility of appeal being taken up for hearing at least in immediate near future.
3. Heard learned counsel for the parties.
4. Learned counsel for the respondent-State, on instructions, submits that the conduct of the appellant in Jail has been satisfactory and there is no other criminal case pending against him.
5. Taking overall view of the matter, in the facts of the present case and in the interest of justice, we allow this appeal and direct immediate release of the appellant on bail to the satisfaction of the trial Court in connection with Session Case No. 565 of 2011 arising out of Case Crime No. 50/2011, registered at Police Station Ahmadgarh, District Bulundshahr, Uttar Pradesh and on such terms and conditions as may be imposed by the trial Court.
6. Pending applications, if any, shall stand disposed of.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 2846/2021
Kushal __________________________________________ Petitioner
v.
State of Uttar Pradesh _____________________________ Respondent
(FOR ADMISSION and I.R. and IA No. 47075/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 47073/2021-EXEMPTION FROM FILING O.T.)
Date: 03-05-2021 This petition was called on for hearing today.
(Before A.M. Khanwilkar and Krishna Murari, JJ.)
For Petitioner(s) Mr. Pardeep Gupta, Adv.
Mr. Parinav Gupta, Adv.
Ms. Mansi Gupta, Adv.
Mr. Krishna Kumar, Adv.
Ms. Nandani Gupta, Adv.
Ms. Mamta Sharma, Adv.
Dr. (Mrs.) Vipin Gupta, AOR
For Respondent(s) Mr. Sarvesh Singh Baghel, Adv.
Ms. Pooja Singh, Adv.
Mr. Amir Khan, Adv.
Ms. Shivranjani Ralawata, Adv.
UPON hearing the counsel the Court made the following
ORDER
7. Leave granted.
8. The appeal is allowed in terms of the signed order.
9. Pending applications shall stand disposed of.
———
