Manoj Kumar vs State Of U.P.
2013 Latest Caselaw 1677 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 5333 of 2011
 

 
Petitioner :- Manoj Kumar
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Bhuvnesh Kumar Singh,Pankaj Kumar
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Counter affidavit filed by learned AGA is taken on record.

Sri P.C. Srivastava learned counsel on his own violation has declined to file any rejoinder affidavit and has preferred and to argue the bail prayer of solitary appellant Manoj Kumar.

It is urged that it is a circumstantial evidence and the incriminating circumstances against the appellant are (1) that he had phoned to PW-3 requesting her to send her mother to nursing wife of the appellant who was ailing (2) that PW-4 Surya Pal stated that deceased was seen dinning with the appellant in a hotel.  Learned counsel submitted that thereafter the cadaver of the deceased was recovered on 17.6.2009 on 18.6.2009 the dead-body was identified and it was after a gap of two months from the elopement that the FIR was lodged that too after discovery of the dead-body.  Learned counsel urged that the entire story is fabricated and there is no explanation of delay of two months coming-fourth from the prosecution.  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 Manoj Kumar 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. 32 of 2010, under sections 302, 201 I.P.C., P.S. Nageena, 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's time to deposit entire amount of fine awarded to him.

Order Date :- 3.5.2013/Priyanka