Bhagwan Singh vs State Of U.P.
2014 Latest Caselaw 6512 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 
Criminal Misc. Second Bail Application No.309072 of 2014
 
IN
 

 
Case :- CRIMINAL APPEAL No. - 4619 of 2006
 

 
Appellant :- Bhagwan Singh
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ravindra Sharma,Saroj Kumar Tiwari
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Amar Saran,J.

Hon'ble Karuna Nand Bajpayee,J.

Heard Yogesh Srivastava, learned counsel for the -applicant-appellant and the learned A.G.A for the State.

This is the second bail application.

It is submitted by learned counsel for the applicant-appellant that the first bail application was rejected on 27.4.2007 by another Bench of this Court. It is argued that the applicant-appellant has been in jail for more than twelve years and nine months and there is no prospect of an early hearing of this appeal. 

Learned A.G.A. has opposed the prayer for bail, and submitted that as a result of fire by appellant- Bhagwan Singh one child had died on spot and mother of complaint has been injured, but he could not dispute the long detention of the appellants in jail and that there is no prospect of an early hearing of this 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 applicant-appellant has made out a case for bail.

Let the appellant Bhagwan Singh convicted and sentenced in S.T. No. 411 of 2002, under sections 302, 307 I.P.C. and Section 3(2) 5 SC/S.T. Act, P.S. Palimukimpur, district Aligarh, 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, on deposit of the fine amount within a period of one month.

Order Date :- 16.9.2014

Rkb