Bhoop Singh vs State Of U.P.
2013 Latest Caselaw 1941 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 7699 of 2010
 

 
Petitioner :- Bhoop Singh
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- K.D.Tiwari
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard learned counsel for the appellant and learned AGA for the State.

It is urged that it is a night incident after hearing the gun-shot when the assailant was running away, he is alleged to have been identified from back in the fleshes of torch. Learned counsel urged that in such fact situation it was impossible for the witnesses to recognise the real assailant and the appellant had been framed in because of the old enmity. 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 said fact.

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 appellants on bail.

Let the appellant Bhoop Singh 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. 393 of 2008, under sections 302/34 I.P.C., P.S. Didoli, District J.P. Nagar.

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 :- 10.5.2013

Priyanka