Ajay Kumar Dubey vs State Of U.P.
2013 Latest Caselaw 1316 ALL

Citation : 2013 Latest Caselaw 1316 ALL
Judgement Date : 25 April, 2013

Allahabad High Court

Ajay Kumar Dubey vs State Of U.P. on 25 April, 2013

Bench: Vinod Prasad, Anjani Kumar Mishra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 5077 of 2012
 

 
Petitioner :- Ajay Kumar Dubey
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Satyendra Narayan Singh,Sanjay Mani Tripathi
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Sanjay Srivastava, learned Advocate in support of bail prayer of the appellant Ajay Kumar Dubey who has filed his power which is taken on record and the learned A.G.A. for the State.

It is urged that it is a case of circumstantial evidence and there are only two incriminating circumstances against the appellant the first is his confessional statement and second is recovery of a purse (wallet) of the deceased which was found in possession of the appellant. Learned counsel urged that these two circumstances even if knitted together do not complete the chain of events and therefore, there is no material on record to relate the appellant with the guilt.

Learned AGA also failed to dislodge both the submissions as well as the fact that appellant was on bail during trial which liberty he had not misused and chances of appeal being heard in near future is extremely remote.

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 Kumar Dubey 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. 76 of 2002, under section 302/34 and Section 120-B IPC, P.S. Kotwali, 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's time to deposit the amount of Rs. 10,000/- as fine imposed on them. Rest of the amount of fine shall remain stayed during the pendcency of the appeal.

Order Date :- 25.4.2013

Priyanka