Anil vs State Of U.P.
2012 Latest Caselaw 4668 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1995 of 2009
 

 
Petitioner :- Anil
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Anay Kumar Srivastava,G.P. Dikshit,Pankaj Srivastava
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Dharnidhar Jha,J.

Hon'ble Pankaj Naqvi,J.

We have heard Sri V P Srivastava, learned Senior Counsel, appearing for appellant Amit @ Bittu and Sri R K Khanna, Advocate appearing on behalf of Anil, on their respective prayer for bail.

Submission was that there was direct evidence of taking away of the deceased but there was no evidence as to how the deceased was killed.  Submission further was that two witnesses, i.e. PW-2 and PW-3 turned hostile but as per PW-1, he had seen the deceased being taking away.  It was, lastly, submitted that five persons were arrested and on their pointing, the dead body was recovered, but one of them has been acquitted on similar evidence. 

It was contended by the counsel appearing on behalf of appellant Anil that the manner of occurence was something mysterious as regards the claim of the prosecution that the clothes of the accused persons were smeared with blood. 

On perusal of the evidence of doctors, discussed in paragraph 13, we find that the manner of occurrence  was clearly indicated by injury no. 1.  There is direct evidence of deceased being taken away by the appellants and others and there is further evidence of recovery of dead body at the pointing of the accused persons.  Mere acquittal of some of the accused persons may not entitle the appellants to bail. 

The prayer for bail of the appellants Anil and Amit @ Bittu is rejected.

Order Date :- 1.10.2012

Chandra