Naresh vs State Of U.P.
2015 Latest Caselaw 3189 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CRIMINAL APPEAL No. - 2756 of 2014
 

 
Appellant :- Naresh
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ganga Singh,Sanjay Chaturvedi
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Arun Tandon,J.

Hon'ble Vipin Sinha,J.

This appeal has been filed by Naresh, son of Ratiram against the judgment and order of the Additional Session Judge, Muzaffar Nagar in S.T. No. 645 of 2010 (State vs. Naresh and another) arising out of Case Crime No.1645 of 2009 under Section 302/34, Police Station Khatauli, District Muzaffar Nagar.

Under the judgment and order, the appellant has been convicted of the offence alleged and has been sentenced to go life imprisonment and fine of Rs. 25,000/-. In case of non payment of fine, the appellant would be required to undergo further imprisonment of two years.

On behalf of the appellant it is contended that sole independent prosecution witness Ratan Singh (P.W.7) had stated that at around 4:30 A.M. in the morning, while he was proceeding towards his field, he heard a sound of gun shot and then he saw accused Kallu, Naresh, Satpal and Bhole coming from the direction of the sound of the gun shot. Kallu was carrying  fire arm and that they had stated that the aforesaid accused wanted to commit theft but were seen committing the offence of theft by Bhagwan Sahay. Therefore, they had killed Bhagwan Sahay. It was also stated that Satpal was a dangerous man and was involved in other offences of murder and was convicted to life imprisonment by the competent court.

It is stated that there is absolutely no evidence on record which could establish that the applicant had caught hold of the deceased, while he was fired upon by Satpal as is the finding recorded under order impugned.

It is further stated that the extra judicial confession said to have been recorded during Panchayat is a very weak evidence, which is not supported by any cogent evidence. It is stated that Kallu alone is alleged to have been carrying the fire arm as per the evidence of P.W.7.

We have heard learned counsel for the parties and gone through the judgment of the trial court. We find that the applicant has made out a case for release on bail.

Let the appellant Naresh convicted and sentenced in S.T. No. 645 of 2010 (State vs. Naresh and another) arising out of Case Crime No.1645 of 2009 under Section 302/34, Police Station Khatauli, District Muzaffar Nagar be released on bail on his furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

He may deposit the fine within one month of his release.

On acceptance of bail bond and personal bond, the lower court shall transmit photostat copy thereof to this Court for being kept on record.

Order Date :- 14.10.2015

Ashish Pd.