Citation : 2014 Latest Caselaw 6940 ALL
Judgement Date : 24 September, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 46 Criminal Misc. Application No. 258880 of 2014 IN Case :- CRIMINAL APPEAL No. - 5571 of 2010 Appellant :- Dharmendra Singh Respondent :- State Of U.P. Counsel for Appellant :- Jag Narayan,Abhilasha Singh,Brijesh Sahai Counsel for Respondent :- Govt. Advocate,A.K.Ray 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 7.2.2013 by another Bench of this Court with the observation that the prayer for bail is rejected at this stage. Learned counsel for the appellant submitted that appellant has been in jail for a period of more than seven years. The allegations in this case were that the informant had illicit relations with the appellant's mother and being annoyed by the act of the informant, the appellant had fired on him, but unfortunately the fire accidentally struck the seven years old child instead.
Learned A.G.A. has opposed the prayer for bail, 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 Dharmendra Singh convicted and sentenced in S.T. No. 866 of 2007, case crime No. 446 of 2007 (State Vs. Dharmendra Singh), under section 302 I.P.C., P.S. Dholna, district Etah 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 :- 24.9.2014
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