Allahabad High Court

: G.A., Vishnu Kumar Srivastava Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. Criminal Misc. Application No./I.A. No. 1 of 2024

1. Heard Sri Atul Krishna, learned counsel for the appellant/applicant, Ms. Meera Tripathi, learned A.G.A. appearing for the State and Sri Upendra Kumar Sagar, Advocate holding brief of Sri Vishnu Kumar Srivastava, learned counsel for the informant.

2. By means of this bail application the bail of two accused/convict persons, namely, Amar Bahadur and Ram Kailash has been filed. Both the appellant are son and father. Sri Atul Krishna has submitted that at this stage, he is pressing the bail application of appellant/applicant no. 2- Ram Kailash, on the ground of ailment and the appellant/applicant no. 2- Ram Kailash is convict of S.T. 37 of 2022 arising out of Case Crime no. 300 of 2021 under Section 323, 504, 506, 304 I.P.C., Police Station- Mawai, District-Faizabad/Ayodhya and sentenced maximum rigorous imprisonment of 10 years with fine stipulations and default clause under Section 304-Part II I.P.C. vide judgment and order dated 01.10.2024 passed by learned Additional Sessions Judge/Fast Tract Court-II, Ayodhya.

3. Considering the aforesaid request of Sri Atul Krishna, the present bail application so far as it relates to the appellant/applicant no. 2- Ram Kailash is being disposed of and the bail application so far as it relates to appellant no.1- Amar Bahadur is kept pending. 2 CRLA No. 3557 of 2024

4. Sri Krishna has drawn attention of this court towards the Annexure No. 1 of the bail application, which is a medical prescription/paper issued from Postgraduate Institute of Medical Education And Research, Chandigarh relating to appellant no. 2- Ram Kailash indicating therein the ailment of Ram Kailash as "Multiple Cerebellar Hemangioblastomas ? VHL".

5. Sri Atul Krishna has stated that the appellant no. 2-Ram Kailash is suffering from brain tumor w.e.f. March 2023 and presently his medical condition is not good rather critical, therefore, he needs proper treatment thereof otherwise his life would be in danger. Sri Atul Krishna has further submitted that by means of impugned conviction order the present appellant and other co-convict have been awarded 10 years rigorous imprisonment and fine. Since the informant has filed an application under Section 372 Cr.P.C. for enhancement, which is amenable before this Division Bench, therefore, this appeal has been taken up before this Court.

6. Sri Krishna has also drawn attention of this Court towards the order dated 16.12.2024 passed by this Court in Criminal Appeal No. 3587 of 2024 whereby the co-accused- Ankit Kumar has been granted bail. As per Sri Krishna, the role of assault has been attributed to co-convict- Ankit Kumar and the present appellant/applicant. Weapon assigned to Ankit Kumar is bamboo cane whereas to the present appellant/applicant as iron rod but no iron rod has been recovered by the prosecution. Though, the bamboo cane has been recovered on the pointing out of Ankit Kumar, therefore, Sri Krishna submits that the case of the present appellant/applicant is on better footing than the case of Ankit Kumar, who has already been granted bail as aforesaid. The present appellant/applicant is not having any criminal history of any kind whatsoever. Learned counsel for the appellant/applicant has submitted that the paper book is not ready and as and when the paper book is prepared, he will argue the appeal on merits without seeking any unnecessary adjournment.

7. Per contra, Ms. Meera Tripathi, learned A.G.A. has opposed the aforesaid bail application but could not dispute the aforesaid submission of learned counsel for the appellant/applicant. Sri Upendra Kumar Sagar, learned counsel for the informant has submitted that his appeal under Section 372 Cr.P.C. is connected with the present appeal and, therefore, all the appeals may be disposed of together when the case is listed next and appropriate direction may be issued to prepare the paper book. 3 CRLA No. 3557 of 2024

8. Having heard learned counsel for the parties, having perused the material available on record, without entering into the merits of the appeal and considering the fact that the appellant no. 2- Ram Kailash is critical patient of brain, namely, "Multiple Cerebellar Hemangioblastomas? VHL" w.e.f. March, 2023, therefore, he needs proper and prompt treatment; co-accused Ankit Kumar has been granted bail; the appellant no. 2 remained on bail during trial and did not misuse the liberty of bail; he has been awarded punishment of 10 years; the paper book is not ready and learned counsel for the appellant/applicant has given undertaking that as and when the paper book is prepared, he will argue the appeal on merits without seeking any unnecessary adjournment, we grant bail to the present appellant no. 2-Ram Kailash at this stage.

9. Accordingly, the bail application is allowed and the sentence of the appellant is hereby suspended till the disposal of the appeal.

10. Let only the appellant no.2 -Ram Kailash convict of the aforesaid sessions trial be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

11. Out of total fine imposed by the learned Trial Court, only Rs. 5000/- shall be deposited by the appellant within a period of four weeks, failing which, the bail granted to the appellant shall stand cancelled. However, the remaining amount of fine imposed by the learned Trial Court shall remain stayed.

12. It is made clear that during bail, if the appellant commits any offence, the prosecution will be at liberty to file an application for cancellation of bail.

13. As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Trial Court concerned to be kept on record of this appeal.

14. Office is directed to prepare the paper-book within two months and to provide copies thereof to all concerning parties on the payment of usual charges.

15. List the appeal in the week commencing 12.01.2026 along with 4 CRLA No. 3557 of 2024 connected appeals for final for final disposal of the bail application of the appellant/applicant no. 1, therefore the parties shall come prepared on the next date.

16. It is made clear that this bail application shall be treated as disposed of so far as appellant no. 2 -Ram Kailash is concerned and for appellant no. 1, namely, Amar Bahadur this bail application shall treated as pending. . . (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) December 17, 2025 Anuj Singh

: G.A., Vishnu Kumar Srivastava Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. Criminal Misc. Application No./I.A. No. 1 of 2024

1. Heard Sri Atul Krishna, learned counsel for the appellant/applicant, Ms. Meera Tripathi, learned A.G.A. appearing for the State and Sri Upendra Kumar Sagar, Advocate holding brief of Sri Vishnu Kumar Srivastava, learned counsel for the informant.

2. By means of this bail application the bail of two accused/convict persons, namely, Amar Bahadur and Ram Kailash has been filed. Both the appellant are son and father. Sri Atul Krishna has submitted that at this stage, he is pressing the bail application of appellant/applicant no. 2- Ram Kailash, on the ground of ailment and the appellant/applicant no. 2- Ram Kailash is convict of S.T. 37 of 2022 arising out of Case Crime no. 300 of 2021 under Section 323, 504, 506, 304 I.P.C., Police Station- Mawai, District-Faizabad/Ayodhya and sentenced maximum rigorous imprisonment of 10 years with fine stipulations and default clause under Section 304-Part II I.P.C. vide judgment and order dated 01.10.2024 passed by learned Additional Sessions Judge/Fast Tract Court-II, Ayodhya.

3. Considering the aforesaid request of Sri Atul Krishna, the present bail application so far as it relates to the appellant/applicant no. 2- Ram Kailash is being disposed of and the bail application so far as it relates to appellant no.1- Amar Bahadur is kept pending. 2 CRLA No. 3557 of 2024

4. Sri Krishna has drawn attention of this court towards the Annexure No. 1 of the bail application, which is a medical prescription/paper issued from Postgraduate Institute of Medical Education And Research, Chandigarh relating to appellant no. 2- Ram Kailash indicating therein the ailment of Ram Kailash as "Multiple Cerebellar Hemangioblastomas ? VHL".

5. Sri Atul Krishna has stated that the appellant no. 2-Ram Kailash is suffering from brain tumor w.e.f. March 2023 and presently his medical condition is not good rather critical, therefore, he needs proper treatment thereof otherwise his life would be in danger. Sri Atul Krishna has further submitted that by means of impugned conviction order the present appellant and other co-convict have been awarded 10 years rigorous imprisonment and fine. Since the informant has filed an application under Section 372 Cr.P.C. for enhancement, which is amenable before this Division Bench, therefore, this appeal has been taken up before this Court.

6. Sri Krishna has also drawn attention of this Court towards the order dated 16.12.2024 passed by this Court in Criminal Appeal No. 3587 of 2024 whereby the co-accused- Ankit Kumar has been granted bail. As per Sri Krishna, the role of assault has been attributed to co-convict- Ankit Kumar and the present appellant/applicant. Weapon assigned to Ankit Kumar is bamboo cane whereas to the present appellant/applicant as iron rod but no iron rod has been recovered by the prosecution. Though, the bamboo cane has been recovered on the pointing out of Ankit Kumar, therefore, Sri Krishna submits that the case of the present appellant/applicant is on better footing than the case of Ankit Kumar, who has already been granted bail as aforesaid. The present appellant/applicant is not having any criminal history of any kind whatsoever. Learned counsel for the appellant/applicant has submitted that the paper book is not ready and as and when the paper book is prepared, he will argue the appeal on merits without seeking any unnecessary adjournment.

7. Per contra, Ms. Meera Tripathi, learned A.G.A. has opposed the aforesaid bail application but could not dispute the aforesaid submission of learned counsel for the appellant/applicant. Sri Upendra Kumar Sagar, learned counsel for the informant has submitted that his appeal under Section 372 Cr.P.C. is connected with the present appeal and, therefore, all the appeals may be disposed of together when the case is listed next and appropriate direction may be issued to prepare the paper book. 3 CRLA No. 3557 of 2024

8. Having heard learned counsel for the parties, having perused the material available on record, without entering into the merits of the appeal and considering the fact that the appellant no. 2- Ram Kailash is critical patient of brain, namely, "Multiple Cerebellar Hemangioblastomas? VHL" w.e.f. March, 2023, therefore, he needs proper and prompt treatment; co-accused Ankit Kumar has been granted bail; the appellant no. 2 remained on bail during trial and did not misuse the liberty of bail; he has been awarded punishment of 10 years; the paper book is not ready and learned counsel for the appellant/applicant has given undertaking that as and when the paper book is prepared, he will argue the appeal on merits without seeking any unnecessary adjournment, we grant bail to the present appellant no. 2-Ram Kailash at this stage.

9. Accordingly, the bail application is allowed and the sentence of the appellant is hereby suspended till the disposal of the appeal.

10. Let only the appellant no.2 -Ram Kailash convict of the aforesaid sessions trial be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

11. Out of total fine imposed by the learned Trial Court, only Rs. 5000/- shall be deposited by the appellant within a period of four weeks, failing which, the bail granted to the appellant shall stand cancelled. However, the remaining amount of fine imposed by the learned Trial Court shall remain stayed.

12. It is made clear that during bail, if the appellant commits any offence, the prosecution will be at liberty to file an application for cancellation of bail.

13. As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Trial Court concerned to be kept on record of this appeal.

14. Office is directed to prepare the paper-book within two months and to provide copies thereof to all concerning parties on the payment of usual charges.

15. List the appeal in the week commencing 12.01.2026 along with 4 CRLA No. 3557 of 2024 connected appeals for final for final disposal of the bail application of the appellant/applicant no. 1, therefore the parties shall come prepared on the next date.

16. It is made clear that this bail application shall be treated as disposed of so far as appellant no. 2 -Ram Kailash is concerned and for appellant no. 1, namely, Amar Bahadur this bail application shall treated as pending. . . (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) December 17, 2025 Anuj Singh