Rajesh & Ors. vs State Of U.P.
2014 Latest Caselaw 2947 ALL

Citation : 2014 Latest Caselaw 2947 ALL
Judgement Date : 11 July, 2014

Allahabad High Court

Rajesh & Ors. vs State Of U.P. on 11 July, 2014

Bench: Imtiyaz Murtaza, Ashwani Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- CRIMINAL APPEAL No. - 819 of 2013
 

 
Appellant :- Rajesh, Guddu & Ram Sahai
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Kunwar R.P. Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Imtiyaz Murtaza,J.

Hon'ble Ashwani Kumar Singh,J.

Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record.

Appellants Rajesh, Guddu and Ram Sahai were convicted in Sessions Trial No. 103 of 2009 arising out of case crime no. 1418 of 2008 under Sections 147, 148, 149, 506, 302 I.P.C., police station Kheri, district Lakhimpur Kheri.

It is submitted by learned counsel for the appellants that according to the prosecution case the deceased was done to death by 5 persons while assaulting with 'Banka' and 'lathi'. The incident took place outside abadi on 29.07.2008 at 10 p.m. and the report has been lodged on the next morning at 7 a.m. and the distance of police station is only 2 K.Ms. According to prosecution case two persons said to have been assaulted with 'Banka' and the postmortem report indicates incised injury. All other accused were assaulted with 'lathi'. First Information Report should have lodged promptly after the incident as the distance of police station is only 2 K.Ms. The appeal is not likely to be heard in near future.

Considering the facts and circumstances of the case, I find it a fit case for bail.

Let the appellants be released on bail on their furnishing two sureties and a personal bond in the like amount to the satisfaction of court concerned.

Realization of fine shall also remain stayed.

Order Date :- 11.7.2014

psd