Raj Kishore vs State Of U.P.
2012 Latest Caselaw 1159 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- CRIMINAL APPEAL No. - 377 of 2012
 

 
Petitioner :- Raj Kishore
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- V.K. Shahi
 
Respondent Counsel :- Govt. Advocate
 
with connected Criminal Appeal No. 495 of 2012
 
Petitioner :- Kallu and another
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Kirti Prakash Singh
 
Respondent Counsel :- Govt. Advocate
 
with connected Criminal Appeal No. 548 of 2012
 
Petitioner :- Laxmi Kant,
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- V. K. Shahi
 
Respondent Counsel :- Govt. Advocate 
 

 

 
Hon'ble Imtiyaz Murtaza,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsels for the appellants, learned A.G.A. for the State and perused the record.

Prayer for bail has been made on behalf of the appellants in aforementioned criminal appeals. In Criminal Appeal Nos. 377 & 495 of 2012 (S.T. No. 335 of 2007, Crime No. 111of 2007, P.S. Hasanganj, Unnao) the appellants Raj Kishore, Kallu and Khushi Ram have been convicted by Sessions Judge, Unnao under section 302/34 I.P.C. and sentenced to undergo life imprisonment. In Criminal Case No. 548 of 2012 (S.T. No. 335 of 2007, Crime No. 111of 2007, P.S. Hasanganj, Unnao) the appellant Laxmi Kant has been convicted and sentenced to undergo life imprisonment by Sessions Judge, Unnao.

It is submitted by learned counsel for the appellants that after investigation final report was submitted against the appellant and chargesheet was submitted against co-accused Shrawan Kumar and trial proceeded against co-accused Shrawan Kumar.  During trial appellants have  been summoned u/s 319 Cr.P.C. and some witnesses were produced against appellants and some were produced against co-accused Shrawan Kumar . It is further submitted by learned counsel for the appellant that the trial of the appellants is vitiated.

Learned A.G.A. has vehemently opposed the prayer for bail. 

Considering the facts and circumstances of the case, without commenting on the merit of the case, I consider it to be a fit case for bail.

Accordingly, the bail applications are allowed. The appellants, namely,  Raj Kishore, Kallu , Khushi Ram and Laxmi Kant shall be released on bail on their executing personal bonds with two sureties each of like amount to the satisfaction of the court concerned.

Till further orders realization of fine, if any, shall remain stayed.

Order Date :- 1.5.2012

S. Kumar