State Of U.P. vs Rajbanshi & Others
2018 Latest Caselaw 1621 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 15
 

 
Case :- GOVERNMENT APPEAL No. - 3518 of 2008
 

 
Appellant :- State Of U.P.
 
Respondent :- Rajbanshi & Others
 
Counsel for Appellant :- Govt. Advocate
 

 
Hon'ble Dinesh Kumar Singh-I,J.

Heard Gambhir Singh, learned A.G.A. for the State.

This application has been filed by the State of U.P. with the prayer that leave to appeal may be granted against the judgment and order dated 16.01.2008 passed by Sri Abhimannu, Learned Additional Sessions Judge/Fas Track Court No.5  Deoria in Sessions Trial No.41 of 2005  whereby the respondents have been acquitted for the offence punishable under sections 147, 148, 323/149, 324/149 and 506  IPC, P.S. Barhaj, District Deoria.

Learned A.G.A. argued that in the present case there were four injured persons who have received large number of injuries and same have been proved by the complainant Durga Devi and four injured persons themselves. The learned court below has simply taken view that this case is falsely set up against the complainant only with a view to create pressure  so as to get acquitted in cross case. Further it is argued that the appreciation of evidence made by the court below is not properly done and simply on petty discrepancies in the statement of the witnesses the prosecution story has been disbelieved.

I have carefully perused the impugned judgment and order of the acquittal passed by the court below.

So far as the acquittal of the accused-respondents is concerned, it appears that the findings of acquittal of the accused respondents required reconsideration. Therefore, the leave to appeal is granted.

The application is allowed.

Accordingly, the Government Appeal is admitted as against the accused-respondents.

Issue bailable warrants to the accused-respondents through CJM concerned returnable within four weeks from today. In case the accused-respondents are arrested or appear before the court of CJM concerned, they may be released on bail upon furnishing personal bonds and two sureties each in the like amount to the satisfaction of the Magistrate concerned and further on the undertaking that they shall appear before this Court on 31.08.2018. The bail papers of the accused-respondents shall be transmitted to this Court to be placed on record after retaining the photocopy of the same.

Lower court record be summoned at an early.

List this matter on 31.08.2018.

On the said date the accused-respondents shall remain present before this Court.

Order Date :- 20.7.2018

AU