Allahabad High Court
Tufani & 4 Others vs State Of U.P. on 18 November, 2016
Bench: Vikram Nath, Sheo Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- CRIMINAL APPEAL No. - 4138 of 2016
Appellant :- Tufani & 4 Others
Respondent :- State Of U.P.
Counsel for Appellant :- Bipin Kumar Tripathi
Counsel for Respondent :- G.A.
Hon'ble Vikram Nath, J.
Hon'ble Sheo Kumar Singh-I, J.
Criminal Misc. Bail Application No. 256690 of 2016 on behalf of Tufani, Prem, Feku, Sri Ram alias Siri, Budhai.
Heard Sri Bipin Kumar Tripathi, learned counsel for the appellant, learned A.G.A for the State and perused the material placed before us on the question of grant of bail to the appellants.
Learned counsel for the appellant submitted that it is a case of no evidence. After the death, the body of the deceased was recovered on the pointing of the Chaukidar of the village, inquest was made and postmortem was conducted in which ante-morterm injuries were reported. Thereafter first information report was lodged against the unknown persons. Later on the complainant side during investigation stated that the murder was committed on account of some illicit relationship of the deceased with the women of the appellants' family. It is submitted that the said motive if actually existed ought to have been indicated at the time when the deceased went missing or at the time when the first information report was lodged. He next submitted that no incriminating material has recovered except a kitchen tool used for grinding purposes. It is next submitted that the present case being of circumstantial evidence the chain of evidence is not complete and the conviction is not sustainable in law. It is also submitted that the appellants were on bail during the trial and have not misused the liberty.
On the other hand learned A.G.A submitted that the conviction and sentence is based upon the credible and reliable evidence. It is further submitted that the appellants have criminal history as indicated in the counter affidavit. It is however not disputed that the appellants were on bail during the trial.
We have perused the counter affidavit and we find that criminal antecedent pointed out are minor and may not dis-entitle the appellants from the liberty of bail.
Accordingly, let the appellants ? Tufani, Prem, Feku, Sri Ram alias Siri, Budhai, convicted and sentenced in Sessions Trial No. 69 of 1999 arising out of Case Crime No. 92 of 1999, (State Vs. Tufani & others), under Sections 147, 302, 149, 201 I.P.C, Police Station ? Kothibhar, District Maharaj Ganj, be released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
On acceptance of bail bonds and personal bonds, the lower Court shall transmit photostat copies thereof to this Court for being kept on the record of these appeals.
Order Date :- 18.11.2016
Vinod.
