Allahabad High Court
Nanhku vs State Of U.P. on 15 September, 2014
Bench: Amar Saran, Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 46
Case :- CRIMINAL APPEAL No. - 2578 of 2013
Appellant :- Nanhku
Respondent :- State Of U.P.
Counsel for Appellant :- Durvijay Singh,Ajay Kumar Pandey
Counsel for Respondent :- Govt. Advocate,Nitin Kumar Singh
And
Case :- CRIMINAL APPEAL No. - 2579 of 2013
Appellant :- Ramadhar
Respondent :- State Of U.P.
Counsel for Appellant :- Durvijay Singh
Counsel for Respondent :- Govt. Advocate,Nitin Kumar Singh
And
Case :- CRIMINAL APPEAL No. - 1978 of 2013
Appellant :- Vishnu Kumar
Respondent :- State Of U.P.
Counsel for Appellant :- Durvijay Singh
Counsel for Respondent :- Govt. Advocate,Nitin Kumar Singh
Hon'ble Amar Saran,J.
Hon'ble Karuna Nand Bajpayee,J.
Prayer for bail in these three connected criminal appeals is being heard and disposed of by means of this common order.
Heard learned counsel for the appellants, learned counsel for the complainant and the learned A.G.A for the State.
Learned counsel for the appellants submitted that there is no eyewitness account of this incident. The appellant Ramadhar was the resident of village Harpalpur district Hardoi which was 50 Km. from the place of occurrence i.e. village Nibiya where the incident took place. There is only one firearm injury with tattooing mark which indicates that the same was more probably caused by a country made pistol and not by a rifle. It was not a through and through injury, but bullet was found inside the body of the deceased. Also the deceased was wearing an underwear in the inquest proceedings, which suggests that the deceased was not attending the Barat.
Per contra, learned AGA opposed the prayer for bail and submitted that the appellants pulled the deceased from a Takhat and dragged him to the field of Mahadev and killed him. There are a large number of injuries caused by a sharp edged weapon on the body of the deceased. The appellant-Nanku was armed with Takora, appellant Vishnu Kumar was armed with a country made pistol and appellant Ramdhar was armed with a licensed rife.
Having given our thoughtful consideration to the submission of the parties, whilst we are not inclined to grant bail to the appellants Nanhku and Vishnu Kumar , we are of the view that the appellant Ramadhar has made out a case for bail.
Accordingly the prayer for bail of the appellants Nanhku and Vishnu Kumar is rejected.
Without expressing any opinion on the merit of the case, let the appellant Ramadhar convicted and sentenced in S.T. No.309 of 2002, case crime No. 132 of 2002, under section 302 I.P.C., P.S. Rajepur, district Farrukhabad 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.
However, hearing of the appeal is expedited. Office to prepare the paper book within three months and to list the appeal immediately thereafter for hearing before the appropriate Bench.
Order Date :- 15.9.2014
Rkb
