- (1.) WRITTEN objection filed today on behalf of the State, is taken on record.
(2.) THIS application for bail has been moved in the aforementioned Criminal Appeal arising out of conviction of the applicants/appellants in Sessions Trial No.505 of 2003, relating to Case Crime No.10 of 2003, under Sections 379, 323/34, 302 IPC, Police Station Pasgawan, District Kheri.
(3.) BEFORE proceeding further, we would like to quote the guidelines given by Hon'ble the Apex Court in considering the bail application in appeal in the case of Atul Tripathi versus State of U.P., 2014 9 SCC 177, which read as under: - 1.The appellate Court if inclined to consider the release of a convict sentenced to punishment for death or imprisonment for life or for a period of ten years or more, shall first give an opportunity to the public prosecutor to show cause in writing against such release. 2.On such opportunity being given, the State is required to file its objection, if any, in writing. 3.In case, the public prosecutor does not file the objections in writing the appellate Court shall mention in its order that no objection has been filed despite the opportunity granted by the Court. 4.The Court shall judiciously consider all the relevant factors whether specified in the objections or not, like gravity of the offence, nature of crime, age, criminal antecedents of the convict, impact on public confidence in Court etc. before passing an order for release. In this case, at the time of admission of the appeal, learned A.G.A. was granted time to file objection but no written objections have been filed on behalf of the State.;