Ajay Chaudhary And Anr. vs State Of U.P.
2013 Latest Caselaw 1106 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4986 of 2011
 

 
Petitioner :- Ajay Chaudhary And Anr.
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Ajatshatru Pandey
 
Respondent Counsel :- Govt. Advocate,Samir Garg
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Ajatshatru Pandey, learned counsel for the appellants and the learned A.G.A. for the State.

It is submitted that taking of prosecution case as it is, only a single fatal injury, injury no. 3 was caused to the deceased.  Incident occurred all of a sudden at the spur of the moment and best prosecution witness, Km. Kiran Chauhan turned hostile and did not support the prosecution case.

Learned AGA could not dispute that there is a single fatal injury and Km. Kiran Chauhan turned hostile.

Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, we consider it appropriate to release the appellant on bail.

Let the appellant Ajay Chaudhary be enlarged on bail on their 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.161 of 2002, under sections 302 I.P.C., P.S. Vijay Nagar, District Ghaziabad.

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's time to deposit entire amount of fine awarded to them.

Order Date :- 18.4.2013

Priyanka