Manoj Kumar vs State Of U.P
2014 Latest Caselaw 6045 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 
Criminal Misc.third  Bail Application No.290102 of 2013
 
                                            IN
 

 
Case :- CRIMINAL APPEAL No. - 3096 of 2005
 

 
Appellant :- Manoj Kumar
 
Respondent :- State Of U.P
 
Counsel for Appellant :- Seema Agrawal,Amit Mishra,D.K. Kesarwani,R.K. Srivastava,Rajul Bhargava,Sunil Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Amar Saran,J.

Hon'ble Karuna Nand Bajpayee,J.

Heard learned counsel for the appellant in the third bail application and the learned A.G.A. for the State of U.P.

The first bail application was rejected on 14.2.2001. The second bail (Parole application) was rejected on 4.5.2011. It is pointed out that the appellant has been in jail for a period of about nine years and three months after conviction. He had also under gone a period of four years in jail during trial. This is a case of a single shot, after some quarrel between the parties.

Per contra, learned A.G.A opposed the prayer for bail but he could not dispute the facts of long detention of the appellant in jail and the lack of prospects of an early hearing of the appeal in the wake of staggering pendency of cases in the court.

Having given our thoughtful consideration to the submission of learned counsel for the parties and without expressing any opinion on the merits of the case, at this stage we are of the view that the appellant has made out a case for bail.

Let the appellant Manoj Kumar convicted and sentenced in S.T. No. 631 of 1994, case crime No. 55 of 1994, under sections 302/34 I.P.C., P.S. Khurja Nagar, district Bulandshahr 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 :- 6.9.2014

Rkb