Devendra vs State Of U.P.
2013 Latest Caselaw 2667 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 6873 of 2010
 

 
Appellant :- Devendra
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Sunil Kumar Srivastava,Dharmendra Singhal,Sharad Kumar Pandey
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Dharmendra Singhal learned counsel for the appellant and learned AGA for the State.

It is urged that it is a case of circumstantial evidence and the evidence against the appellant is that of retracted extra judicial confession, and recovery of cycle, wrist watch and mobile phone of the deceased from the appellant. Learned counsel urged that recoveries are planted and in any view, the recoveries are only insufficient to connect the appellant with the murder crime conclusively and positively. It is next urged that appellant in in jail since 30.9.2010 and he 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 Devendra be enlarged on bail on his furnishing three personal bonds of Rupees three lakhs and two family members sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 406 of 2006, under sections 302/34 201 I.P.C. and 3(2)(5) SC/ST Act, P.S. Kotwali Dehat, District Saharanpur.

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 :- 23.5.2013

Priyanka