Kamlesh Yadav vs State Of U.P.
2012 Latest Caselaw 1586 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- CRIMINAL APPEAL No. - 1405 of 2010
 

 
Petitioner :- Kamlesh Yadav
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Vivek Shrotria
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Imtiyaz Murtaza,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the appellant, learned A.G.A. and perused the record.

Prayer for bail has been made by appellant-Kamlesh Yadav, who has been convicted under section 504, 506 and 302 I.P.C. and sentenced to undergo maximum sentence of life imprisonment with total fine of Rs. 6,500/- by Additional Sessions Judge, (F.T.C.-II ) Ambedkar Nagar, in Sessions Trial No.136/ 2008, arising out of case Crime No. 150 of 2008, P.S. Kotwali Akabarpur, District - Ambedkar Nagar.

It is submitted by the learned counsel for the appellant  that there is no direct evidence of the crime  against the appellant. The deceased is said to have gone with the accused-appellant. Later on  he was found injured near the house of accused and he was wearing only underwear. His Khakhi Pajama was collected from the place of occurrence.

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

Considering the facts and circumstances of the case, without commenting on the merit of the case, we are of the opinion that appellant is entitled to be released on bail. Accordingly, the prayer for bail is hereby allowed.

Pending appeal, appellant-Kamlesh Yadav, who has been convicted in aforementioned case, shall be released on bail on his executing a personal bond and on furnishing two sureties of like amount to the satisfaction of the court concerned.

Till further orders realization of fine shall remain stayed.

Order Date :- 10.5.2012

S. Kumar