Lajpat Rai & Another vs State Of U.P.
2013 Latest Caselaw 1359 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1310 of 2012
 

 
Petitioner :- Lajpat Rai & Another
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Dr. Arun Srivastava,Prashant Kumar Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Dharmendra Singh learned Advocate in support of bail prayer of the appellants Lajpat Rai and Sanjeev Rai who has filed his power today which is taken on record.  We have also heard Sri R.K. Pandey and Sri R.P. Pandey learned advocate for appellant Mahendra in connected the Criminal Appeal No. 1082 of 2012 and the learned A.G.A. for the State.

It is submitted that the incident occurred because a mentally derailed young damsel was subject to molestation by the elder brother of the informant, and therefore, even if the prosecution version of an assailant is taken to be true, the incident has occurred to avenge the temerity a faux pas perpetuated on the family honour of the appellants and therefore sentence of life imprisonment is wholly uncalled for and incommensurate with their guilt. It is further submitted that the appellants were on bail during trial which liberty they had not misused and chances of appeal being heard in near future is extremely remote and they are in jail since 28.2.2012.

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 appellants on bail.

Let the appellants, namely, Lajpat Rai, Sanjeev Rai and Mahendra 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. 85 of 2009, under section 304, 504 I.P.C. and Section 3(2)(5) SC/ST Act, P.S. Nawabganj, District Bareilly.

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 appellants are 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