Bans Narain vs State Of U.P.
2013 Latest Caselaw 3756 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL No. - 4037 of 2004
 

 
Appellant :- Bans Narain
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Smt. Kamla Singh
 
Counsel for Respondent :- Govt. Advocate,Ashok Kumar Srivastava
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Smt. Kamla Singh learned counsel for the appellant and learned AGA for the State. None is present for informant even in the revised call.

Learned counsel submitted following submissions:

1.  It is not disputed that house of the appellant was set ablaze. 

2.  It is also not disputed that the two deceased sustained gun fired injury  and

3. Defence of the appellant is that it was prosecution side who by forming unlawful assembly started committing dacaity  in the house of the appellant and set  the home ablaze and therefore, to protect property and persons Radhika Devi shot both the two deceased.  It is further contended that Radhika Devi acted in exercise of right of private defence and the entire prosecution version is cooked up and false.   Appellant is in jail since 9th of January, 2002 and as on date have already undergone eleven years of imprisonment and chances of appeal being heard in near future is extremely remote.

Learned AGA did not dispute that it was house of the appellant which was ablazed and in 313 Cr.P.C. statement Smt. Radhika Devi owned of the responsibility of shooting down to the deceased.

Looking to the above arguments 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 Bans Narain 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. 79 of 2002, under sections  147, 148, 302/149 and 427/149 I.P.C., P.S. Khanpur, District Ghazipur.

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 :- 5.7.2013

Priyanka