Citation : 2014 Latest Caselaw 6889 ALL
Judgement Date : 23 September, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 46 Criminal Misc. Third Bail application NO.119251 of 2013 IN Case :- CRIMINAL APPEAL No. - 607 of 2004 Appellant :- Rajesh Singh @ Munna Singh Respondent :- State Of U.P. Counsel for Appellant :- Shree Prakash Singh,Prakash Chandra Shakya,S.N. Singh,Upendra Upadhyay Counsel for Respondent :- A.G.A. 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 third bail application. The first bail application was rejected on 27.8.2004 by another Bench of this Court. The second bail application was rejected on 22.11.2007. Learned counsel for the appellant submitted that appellant has been in jail since 6.7.2002 i.e. for a period of more than twelve years and two months. It is further submitted that the deceased intervened in the quarrel between his nephews. The appellant fired on the deceased. Changed circumstance pointed out by the learned counsel for the appellant is the long detention of the appellant in jail.
Learned A.G.A. has opposed the prayer for bail and submitted that the applicant-appellant has been assigned role of committing the crime, 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 Rajesh Singh @ Munna Singh convicted and sentenced in S.T. Nos. 217 of 2002 and 218 of 2002, case crime Nos. 247 of 2002 and 271 of 2002 (State Vs. Rajesh Singh @ Munna Singh) , under section 302 I.P.C. and Section 25 Arms Act, P.S. Gahmar, district Ghazipur 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
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