HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- CRIMINAL APPEAL No. - 1439 of 2011 Petitioner :- Phool Chandra Yadav Respondent :- State Of U.P. Petitioner Counsel :- Jai Prakash Singh,Atul Kr. Singh Respondent Counsel :- Govt. Advocate,Vijai Mishra Hon'ble Imtiyaz Murtaza,J.
Hon'ble Vishnu Chandra Gupta,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
Prayer for bail has been made on behalf of appellant-Phool Chand Yadav, who has been convicted under section 302 and 201 of I.P.C. and sentenced to undergo maximum sentence of life imprisonment with total fine of Rs. 6,000/- by Special Judge, Electricity Act, Faizabad, in Sessions Trial No. 227/07, arising out of Case Crime No. 50/2007 P.S. - Purakalandar, District- Faizabad.
It is submitted by the learned counsel for the appellant that there is no direct evidence in this case and the Sessions Judge has convicted the appellant on the basis of two incriminating circumstances, firstly, there is evidence of last seen and secondly, extra judicial confession after about one month.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, without commenting upon the merit of the case, in our opinion, appellant is entitled to be released on bail.
Pending appeal, appellant-Phool Chandra Yadav, convicted in aforementioned case, shall be released on bail on his executing personal bond and furnishing two sureties of like amount to the satisfaction of the court concerned.
Till further order realization of fine, if any, shall also remain stayed.
Order Date :- 7.5.2012 S. Kumar