Rakesh vs State Of U.P.
2013 Latest Caselaw 2132 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 616 of 2012
 

 
Petitioner :- Rakesh
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Madan Kumar Tiwari,Ranjeet Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Counter affidavit filed by learned AGA and rejoinder affidavit filed by Sri Ranjeet Singh learned counsel for the appellant Rakesh are taken on record.

It is submitted that in another murder case all the witnesses had turned hostile and had not supported the prosecution case. In the present incident, the maker of the FIR PW-1 who was non-else than the widow of the deceased disowned her FIR  before the Court and had deposed that the same was dictated by Manohar Lal Sharma in consultation with Officer In-charge with the police station and therefore, the very fast version of the prosecution through the impugned FIR is in grave doubt. Learned counsel submitted that for the aforesaid reasoning co-convicts Murari Lal and Om Prakash have already been granted bail by another Bench of this Court vide order dated 10.12.2012. It was urged that the case of the appellant is at par with those two co-convicts without having any distinct in allegation and evidences. It is further submitted that appellant has remained in jail to nine years and four months. 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 Rakesh 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. 671 of 2000, under section 302 and 201 I.P.C., P.S. Akarabad, District Aligarh.

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 :- 15.5.2013

Priyanka