Bhagat Singh vs State Of U.P.
2014 Latest Caselaw 5780 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL APPEAL No. - 3677 of 2010
 

 
Appellant :- Bhagat Singh
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Anoop Trivedi,Yogesh Srivastava
 
Counsel for Respondent :- Govt. Advocate
 
                                     And
 
Case :- CRIMINAL APPEAL No. - 3870 of 2010
 

 
Appellant :- Sanjay
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Anoop Trivedi
 
Counsel for Respondent :- Govt. Advocate
 

 

 
Hon'ble Amar Saran,J.

Hon'ble Karuna Nand Bajpayee,J.

Prayer for bail in both the aforementioned criminal appeals is being heard and disposed of by means of this common order.

Heard learned counsel for the appellants and the learned A.G.A for the State.

It is submitted by the learned counsel for the appellants that in this case the appellant-Sanjay is the Dewar and appellant-Bhagat Singh is the father-in-law of the deceased Dayawati. P.W.2, Smt. Darshna in her evidence stated that the father-in-law of the deceased has handed over his licenced gun to appellant- Sanjay and exhorted him to shoot the deceased. Learned counsel for the appellant further submitted that father-in-law of the deceased is about 67 years old and he has been in jail for about seven years.

Per contra, learned A.G.A opposed the prayer for bail and pointed out that the wife of Sanjay has given the evidence against her husband (Sanjay) appellant.

Having given our thoughtful consideration to the submission of the parties, whilst we are not inclined to grant bail to the appellant Sanjay, we are of the view that the appellant Bhagat Singh has made out a case for bail.

Accordingly the prayer for bail of the appellant Sanjay is rejected.

Without expressing any opinion on the merit of the case, let the appellant Bhagat Singh convicted and sentenced in S.T. Nos. 846 of 2008 and 25 of 2009, case crime No. 175 of 2008, under sections 498-A, 304-B I.P.C. and ¾ D.P. Act,, P.S. Sadar Bazar, district Mathura 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.

Order Date :- 4.9.2014

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