Ravindra S/O Natthu Singh vs State Of U.P.
2013 Latest Caselaw 1819 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3422 of 2009
 

 
Petitioner :- Ravindra S/O Natthu Singh
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Vikas Sharma,Mamta Singh,Prashant Kr. Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Dharmendra Singhal learned Advocate in support of the bail application of appellant Ravindra, who has been convicted under Section 302 I.P.C. and sentenced to life imprisonment therefore.

It has been submitted by Sri Singhal that the incident is alleged to have taken place at 11:00 p.m. while the first information report has been lodged the next morning.  There is no explanation for this inordinate delay in lodging the first information report.  It has further been submitted that the first informant turned hostile and did not support the prosecution case and the conviction is based on the sole uncorroborated testimony of the daughter of the deceased which is unwarranted.  

Learned AGA to the contrary has submitted that the conviction has been recorded on the testimony of eight year's old daughter of the deceased who is an eye witness of the incident.  It has also been pointed out that the elder brother of PW-2 (son of the deceased), namely, Rishraj disappeared some years after the incident.  He was also an eye witness of the incident.  It is suggested that the disappearance of the Rishiraj may be the Handiwork of the appellant.

We have considered rival submissions

Let the appellant Ravindra be enlarged on bail on his furnishing a personal bond of Rs one lakh and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 1055 of 1999, under section 302 I.P.C., P.S. Babri, District Muzaffar Nagar.  Subject to the following conditions:-

1. The appellant Ravindra shall report at the local police station once every fort night.

2. He shall not interact with the children of the deceased and shall not visit  the vicinity of their residence.

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  the entire amount of fine awarded to him.

Order Date :- 8.5.2013

Priyanka