Neeraj Tyagi vs State Of U.P.
2013 Latest Caselaw 1676 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1727 of 2012
 

 
Petitioner :- Neeraj Tyagi
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- S.S. Shah,Dileep Kumar,Sudhiendra Kumar Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri S.S. Shah learned Advocate for appellant and learned AGA for the State.

It is urged that it is a night incident at 2:00am with a single shot.  Hit and run episode has been transformed into a case of murder and the prosecution version as stated in the FIR does not appeal to common sense inasmuch as if the accused has taken precaution of  eliminations the deceased in the dead hour at 2:00a.m. it will be totally  purine for him unruffled the face of the deceased, enter into vituperation and then shoot him down. It is further urged that nobody was present deceased was shot dead when he was all alone and later on after discovery of the dead-body that a fabricated version was created only to frame in the appellant. It is further submitted that the appellant 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 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 appellant on bail.

Let the appellant Neeraj Tyagi 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.  743 of 2004, under section 302 I.P.C., P.S. Kotwali Dehat, District Bijnor.

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 :- 3.5.2013

Priyanka