Pappu @ Vipin Singh vs State Of U.P.
2013 Latest Caselaw 2205 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1932 of 2011
 

 
Petitioner :- Pappu @ Vipin Singh
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Ram Ker Singh,Kuldeep Singh Chahar,P.K. Singh,Satyendra Kumar Mishra
 
Respondent Counsel :- Govt. Advocate
 
IN CONNECTED 
 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 2141 of 2011
 

 
Petitioner :- Bhudeo Singh
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- R.C. Maurya,Ram Bachan Yadav
 
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 Sushil Singh and Sri R.K. Singh learned Advocate for the appellant on their own violation have declined to file any rejoinder affidavit and has preferred to argue the bail prayer of appellant Pappu @ Vipin Singh. Sri Yogesh Srivastava and Sri R.C. Maurya learned Advocate for the appellant Bhudev have also been heard in connected Appeal Nos. 1932 of 2011 and 2141 of 2011.

It is submitted that Atar Singh and Amar Singh who are brother and father of the deceased claimed themselves to be eye witnesses of the incident yet they did not lodge any FIR nor named the assailants. FIR was recorded against unknown assailants. It is therefore, submitted in fact it is a blind murder and later on due to the reasons known to the prosecution appellants have been falsely implicated. It is further submitted that appellant Pappu @ Vipin Singh was on bail during trial while appellant Bhudev was in jail during the trial and he is in jail since 2005. It is further submitted that the appellant Pappu @ Vipin Singh had not misused his bail 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 appellants on bail.

Let the appellants, namely, Pappu @ Vipin Singh and Bhudev 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. 745 of 2005, under section 302/34 I.P.C., P.S. Barhan, District Agra.

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 appellants are allowed one month time to deposit entire amount of fine awarded to them.

Order Date :- 16.5.2013

Priyanka