Bhoora & Another vs State Of U.P.
2014 Latest Caselaw 4834 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL APPEAL No. - 2859 of 2014
 

 
Appellant :- Bhoora & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ravi Prakash Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Amar Saran,J.

Hon'ble Karuna Nand Bajpayee,J.

Learned A.G.A. filed counter affidavit which is taken on record.

Heard learned counsel for the applicants-appellants and learned Additional Government Advocate and perused the record of the case.

It is argued by learned counsel for the appellants that as per prosecution case mentioned in the F.I.R. lodged by Smt. Rani wife of deceased, there was previous quarrel on 9.4.2013 of the deceased with Sukhveer. On 10.4.2003 at 7.30 a.m. Bhoora and Udaiveer came to the house of the deceased and had  quarrelled with him. The deceased Sukhveer fired with his licensee gun, which struck Mithlesh, sister of the appellants. It is further argued that thereafter appellants Bhoora and Udaiveer snatched the gun of Shukhveer, the decease and they went to police Station. They beaten the deceased with kicks, fists and gun's butt and strangulated the neck of the deceased with gun belt. But the background of the case was that the sister of the appellants was admittedly shot dead by the deceased. The appellants have not gone to the house of the deceased with any arm. It is significant that in the F.I.R. no deadly weapon was used on the deceased. There was no firearm injury on the body deceased. The appellants were on bail during the trial, which they did not abuse.

Per contra, learned A.G.A has opposed the prayer for bail and submitted that there are large number of injuries including the fracture of ribs on the body of the deceased.

Having given our thoughtful consideration to the submissions of the parties and without expressing any opinion on the merits of the case, we are of the view that the appellants may be allowed bail.

Let the appellants Bhoora and Udai Veer convicted and sentenced in S.T. No.152 of 2004 (State Vs.Bhoora and another), Case crime no.40 of 2003, u/s 302 I.P.C. P.S.Chharra, district Aligarh be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned, on deposit of half of the fine amount within a period of one month.

Realization of half of the fine shall  remain stayed during the pendency of the appeal.

Order Date :- 22.8.2014

Rkb