Ram Babu vs State Of U.P.
2014 Latest Caselaw 6829 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 
Criminal Misc. Second Bail Application No.312933 of 2014
 
                                               IN
 
Case :- CRIMINAL APPEAL No. - 3776 of 2006
 

 
Appellant :- Ram Babu
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- H.M. Srivastava,Neeraj Srivastava
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Amar Saran,J.

Hon'ble Karuna Nand Bajpayee,J.

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

This is the second bail application. The first bail application was rejected on 17.5.2007 by another Bench of this Court. The appellant has been in jail since 24.5.2006 i.e. for a period of eight years and four months and there is no prospect of an early hearing of this appeal. On the same evidence, two co-accused who exhorted the appellant to commit the murder of the deceased, have been acquitted.

Learned A.G.A. has opposed the prayer for bail and submitted that main role has been assigned to the appellant for shooting the deceased. One fire arm injury and number of pellets were recovered from the body of the deceased, but he could not dispute the long detention of the appellant in jail.

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 Ram Babu convicted and sentenced in S.T. No. 921 of 2000, case crime No. 530 of 2000, under section 302 I.P.C.,P.S. Kasganj, district Kasganj 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 :- 23.9.2014

Rkb