Chandraveer And Another Yhary And ... vs State Of U.P.
2014 Latest Caselaw 6453 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL APPEAL No. - 1923 of 2008
 

 
Appellant :- Chandraveer And Another Yhary And Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Anubhav Trivedi,A.N.Pandey,Noor Mohammad,S.K. Pandey,Satish Trivedi
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Amar Saran,J.

Hon'ble Karuna Nand Bajpayee,J.

Heard learned counsel for the appellants and the learned A.G.A. for the State of U.P.

Learned counsel for the appellants submitted that in this case role of assaulting the deceased was assigned to the appellants who were armed with balkati and knife. Co-accused Ram Veer, who was armed with lathi has been granted bail on 28.4.2008 by another Bench of this Court. The appellants have now been in jail for the period of six years and six months after the judgement i.e. on 11.3.2008. The appellants have also undergone two years and one month during trial. The appellants were on bail during trial. It is submitted that in toto the appellants have served eight years and seven months in jail and there is no prospect of an early hearing of this appeal. There is also a solitary eyewitness.

Per contra, learned A.G.A opposed the prayer for bail and submitted that defence of the appellants was that the deceased was murdered when he entered the house of the appellants and tried to commit the rape on the daughter of appellant- Chandraveer and sister of appellant-Ajay @ Pintoo, but he could not dispute the facts of long detention of the appellants 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 appellants have made out a case for bail.

Let the appellants Chandraveer and Ajay @ Pintoo convicted and sentenced in S.T. No. 913 of 2003, case crime No. 39 of 2003, under sections 364 and 302/34 I.P.C., P.S. Agauta, district Bulandshahr 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 :- 15.9.2014

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