Nikhlesh @ Rinku vs State Of U.P.
2013 Latest Caselaw 1112 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 895 of 2012
 

 
Petitioner :- Nikhlesh @ Rinku
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Yogendra Yadav,Anuj Chaudhary,Govind Saran Hajela
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Counter affidavit filed by AGA is taken on record.

Sri Hajela counsel for the appellant on his own violation refused to file rejoinder affidavit and argued the bail prayer of appellant Nikhlesh @ Rinku.vio

It is submitted that taking entire facts and circumstances, there are evidences of last seen and motive.  Call detail regarding the last call made by the deceased and or by the appellant is additional circumstances.    It is further submitted that the appellant was on bail during trial which liberty he had not misused and chances of appeal being heard in near future is extremely remote and he is in jail since 20.2.2012.

Learned AGA did not dispute the aforesaid facts.

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 Nikhlesh @ Rinku 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. 623 of 2009, under section 302, 201 I.P.C., P.S. Nazibabad, District Bijnor.

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 :- 18.4.2013

Priyanka