Laxman And Anr. vs State Of U.P.
2013 Latest Caselaw 1032 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1525 of 2011
 

 
Petitioner :- Laxman And Anr.
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Rajesh Kumar,Ajatshatru Pandey
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

We have heard Sri G.S. Chaturvedi, learned Senior Counsel in support of bail prayer of appellants, Laxman and Bijju in Criminal Appeal No. 1525 of 2011 and Rajesh Kumar on behalf of appellant Kali Charan in connected with Criminal Appeal No. 2553 of 2011. 

It is urged that so far as appellant Bijju is concerned, he is alleged to have been armed with a gun but perusal of the injury report of the deceased does not indicate any gun shot injury.  Contrary to it, the deceased has sustained all incised wounds.  Perusal of injury report of the injured also does not indicate any gun-shot injury.  

It is further submitted that appellant Bijju was on bail during trial which liberty he has not misused.  It was also contended that other accused persons, Pretam Singh, Puran Singh, Naresh, Ramji Lal were acquitted by the impugned judgment.  

Learned AGA could not dispute the aforesaid contentions but submitted that so far as sharp weapon injuries are concerned,  deceased had sustained numerous of those injuries. 

Looking to the entire facts and circumstances, we do not find any reason to grant to bail appellants, namely, Laxman and Kali Charan.

The bail is all aforesaid appellants, therefore, stands rejected.

So far as the Bijju is concerned his case is different from aforesaid two appellants.

Let the appellant Bijju be enlarged on bail on his furnishing a personal bond of Rupees one lakh and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 396 of 1984, under sections 147, 148, 149, 307 and 302  I.P.C., P.S. Naai Kee Mandi, District Agra.

As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.

The appellant is allowed one month time to deposit entire amount of fine awarded to him.

Order Date :- 17.4.2013

Priyanka