Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 71851 (ALL)

SHAMBHU ALIAS NATTHU AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

CRLA/6009/2025 · 2025-10-12

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 6009 of 2025 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. Ref: Criminal Misc. Suspension of Sentence Application No. 01 of 2025 1. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the conviction and sentence judgment dated 28.05.2025 passed by Special Judge SC/ST Act, Amroha in Special Session Trial No.560 of 2019 arising out of Case Crime No.243 of 2019, under Sections 324/34, 323/34, 504, 308/34 IPC, Police Station Adampur, District Amroha. 2. Heard learned Counsel for the appellants, learned AGA for the State, learned counsel for the respondent no.2. 3. By means of the bail application, the appellants seek suspension of sentence and grant of bail. 4. Submission of learned counsel for the appellant-applicants is that the appellants are innocent and have been falsely implicated. There are four accused persons. During trial, the appellants were on bail. Further submission is that the impugned judgment and order passed by the court below convicting and sentencing the appellants is absolutely illegal, wrong, arbitrary, perverse and against the weight of evidence on record. The trial court has misread the evidence on record and convicted the appellants. The prosecution has not been able to prove its case beyond reasonable doubt. Court below while convicting the appellants has not considered this aspect that the appellants are having no criminal history and they never previously convicted, hence, the impugned judgment and order convicting the Versus Counsel for Appellant(s) : Vivek Sharma Counsel for Respondent(s) : Abhishek Srivastava, Amit Kumar Srivastava, G.A. Shambhu Alias Natthu And 3 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) appellants is liable to be set aside. Appellants are languishing in jail since 28.05.2025 having no previous criminal antecedent. 5. Per contra, learned AGA vehemently opposed the submissions made by learned counsel for the appellants. 6. I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record including the impugned judgment. 7. Having regard to the facts and circumstances of the case, sentence awarded to the appellants, the evidence available on record and the findings recorded by the trial court thereon, and the fact that the appeal may take some time for its final disposal, without further commenting on the merits of the case, I am inclined to release the appellants on bail. 8. Let the accused-appellants-Shambhu @ Natthu, Kala @ Harpal, Pala @ Dharmpal and Monti be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned. 9. On acceptance of bail bond and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on record. Order on Appeal 1. Admit. 2. Summon the trial court record. 3. Office is directed to prepare the paper books and list this appeal in due course for hearing. October 13, 2025 Ajeet CRLA No. 6009 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad