Ratnesh @ Mintu Pathak vs State Of U.P.
2014 Latest Caselaw 5986 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 
Criminal Misc. Second Bail Application No. 195932 of 2012
 
                                           IN
 
Case :- CRIMINAL APPEAL No. - 1853 of 2006
 
Appellant :- Ratnesh @ Mintu Pathak
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- R.V. Chaudhary,A.S.Pandey,Ajatshatru Pandey,G.S.Chaturvedi,Narendra Srivastava,S.K.Mishra,V.C. Tiwary
 
Counsel for Respondent :- Govt. Advocate,B.S. Rathore
 

 
Hon'ble Amar Saran,J.

Hon'ble Karuna Nand Bajpayee,J.

Heard  Sri S.K. Mishra, learned counsel for the applicant-appellant and learned Additional Government Advocate and perused the record of the case.

This is the second bail application. The first bail application was rejected on 12.11.2008 by Hon. Shiv Shanker and Hon.S.C., Nigam JJ.  Learned counsel for the applicant has argued that the appellant is in jail for about 12 years two months. The appeal has not been disposed of.

Per contra, learned A.G.A has opposed the prayer for bail, but he could not dispute the facts of long detention of the appellant in jail.

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 appellant may be allowed bail.

Let the appellant Ratnesh @ Mintu Pathak convicted and sentenced in S.T. No.313 of 2002 (State Vs.Ratnesh @ Mintu Pathak and others),  u/s 302/34 I.P.C., Section 3(2) 5 S.C./S.T. Act and Section 25/27 Arms Act, P.S.Padari, district Mirzapur. be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned.

Order Date :- 5.9.2014/Rkb