Tillu vs State Of U.P.
2013 Latest Caselaw 3399 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL No. - 1546 of 2012
 

 
Appellant :- Tillu
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Devendra Dahma,K.M.Mishra
 
Counsel for Respondent :- Govt. Advocate
 
CONNECTED WITH
 
Case :- CRIMINAL APPEAL No. - 1547 of 2012
 

 
Appellant :- Mahendra Singh
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Devendra Dahma
 
Counsel for Respondent :- Govt. Advocate
 
CONNECTED WITH
 
Case :- CRIMINAL APPEAL No. - 1588 of 2012
 

 
Appellant :- Jiledar
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Brij Raj Singh,Ajit Kumar Singh Solanki
 
Counsel for Respondent :- Govt. Advocate
 
CONNECTED WITH
 
Case :- CRIMINAL APPEAL No. - 1589 of 2012
 

 
Appellant :- Bhan Singh
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Brij Raj Singh
 
Counsel for Respondent :- Govt. Advocate
 
CONNECTED WITH
 
Case :- CRIMINAL APPEAL No. - 1587 of 2012
 

 
Appellant :- Shree Pal
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Brij Raj Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard learned counsel for the appellants, learned AGA for the State and learned counsel for the informant.

After hearing both the sides and after perusing of the record, what we find is that so far as the appellants, namely, Bhan Singh and Shreepal are concerned the prosecution version is consistent right from the very beginning with specific roles assigned them. We therefore do not find any merit in their case and therefore bail prayer of the aforesaid two appellants, namely, Bhan Singh and Shreepal stands rejected.

However so far as the Tillu, Mahendra Singh and Jiledar are concerned, neither in the FIR nor anywhere during investigation, it has been specifically stated that they  also resorted to firing at the deceased.  These appellants were on bail and they have not misused the liberty.  Their appeals will also take sometime in disposal.

Keeping in view the aforesaid fact, we consider it appropriate to release these three appellants, namely, Tillu, Mahendra Singh and Jiledar on bail.

Let the appellants, namely, Tillu, Mahendra Singh and Jiledar 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. 67 of 2006, under sections 147, 148, 149, 302, 307 and 120-B I.P.C., P.S. Ayana, District Auraiya.

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 :- 1.7.2013

Priyanka