Virendra Mallaha vs State Of U.P.
2013 Latest Caselaw 1314 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4243 of 2012
 

 
Petitioner :- Virendra Mallaha
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Rajeev Chaddha,K.K. Arora
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri K.K. Arora, learned Advocate in support of bail prayer of the appellant Virendra Mallaha, Sri Sanjay Shukla counsel for the informant and the learned A.G.A. for the State.

It is submitted by counsel for the informant that after one and half hours after the murder police personnel arrived at the incident spot but very curiously and most weird conduct of the witnesses, as against the natural human conduct of an ordinary prudent man they never informed police about the murderer and they waited to lodge the FIR till 6:30am next morning.  Learned counsel therefore, urged that in fact, it is a case of blind murder when no body was present at the scene and  after discovery of the dead body that a case was fabricated on the following  day morning to implicate innocent persons to seek revenge.   Learned counsel therefore, urged that none of the fact witnesses are reliable and can be given any credence at all.  Learned counsel further urged that appellant, Virendra Mallaha was on bail  during trial which liberty he had not misused and chances of appeal being heard in near future is extremely remote.

Learned AGA as well as counsel for the informant failed to satisfy as to why to the police personnel the name of assailant were not disclosed and why in spite of arrival of the police the prosecution waited for the next day morning to lodge the FIR.

Looking to the above arguments 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 Virendra Mallaha 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 Case Crime No. 485 of 2005, under section 302 and 506 I.P.C., P.S.Chauri Chaura, District Gorakhpur.

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 :- 25.4.2013

Priyanka