Durga Prasad & Another vs State Of U.P.
2013 Latest Caselaw 2488 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4306 of 2012
 

 
Appellant :- Durga Prasad & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Dr. Arun Srivastava
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Counter filed by learned AGA is taken on record.

Heard Dr. Arun Srivastava learned counsel for the appellant and learned AGA for the State.

Relying upon the page 102 of the paper book which is the statement of the Vinod Kumar Sharma, learned counsel for the appellant urged that in fact prior to the registration of the FIR appellants were arrested. The earliest information given to the police was never brought on the record and, therefore, the earliest version has been suppressed. It is submitted that after arresting the appellants that the entire case was cooked up to frame the appellant in the murder. It is next submitted that it is a night incident and according to the cooked up an FIR version appellants were seen coming out of the house only and not executing the real crime. 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 appellants, namely, Durga Prasad and Abdul Waheed 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. 756 of 2001( State of U.P. vs. Durga Prasad and others), under sections 302/34, 506 and 25 Arms Act I.P.C., P.S. Hafizganj, District Bareilly..

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 :- 21.5.2013

Priyanka