Allahabad High Court
State Of U.P. vs Mannu & 2 Ors. on 24 June, 2021
Bench: Rakesh Srivastava, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- U/S 378 CR.P.C. No. - 50 of 2021
Applicant :- State of U.P.
Opposite Party :- Mannu & 2 Ors.
Counsel for Applicant :- G.A.
Hon'ble Rakesh Srivastava,J.
Hon'ble Mrs. Saroj Yadav,J.
On account of prevailing Covid-19 Pandemic, this case has been taken up through video conferencing.
This is an appeal under Section 378CrPC against the judgment and order dated 22.3.2021 passed by First Additional District & Sessions Judge, District Bahraich in Sessions Trial No.52 of 2014 arising out of case crime no.651 of 2013, under Sections 147, 302, 149 IPC and Sessions Trial No.211 of 2014, under Sections 147, 302, 149 IPC, Police Station Dargah Sharif, District Bahraich whereby the respondents have been acquitted of the charges levelled against them.
Heard Smt. Smiti Sahai, learned Additional Government Advocate for the appellant.
Admit.
Summon the lower court record.
Let bailable warrants be issued against respondent nos.1 to 3.
In case respondent nos.1 to 3 are arrested or they surrender before the Chief Judicial Magistrate, Bahraich, they shall be released on bail on furnishing a personal bond and two surety bonds of the like amount to the satisfaction of the Magistrate concerned, as also an undertaking that they would appear before the Court on the date fixed i.e. 6.8.2021.
As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Chief Judicial Magistrate concerned to be kept on record of this appeal.
List on 6.8.2021.
Office is directed to send a copy of this order to the Chief Judicial Magistrate, Bahraich through fax, e-mail as well as ordinary process for ascertaining compliance.
Order Date :- 24.6.2021
Anupam
(Justice Saroj Yadav) (Justice Rakesh Srivastava)
Case :- U/S 378 CR.P.C. No. - 50 of 2021
Applicant :- State of U.P.
Opposite Party :- Mannu & 2 Ors.
Counsel for Applicant :- G.A.
Hon'ble Rakesh Srivastava,J.
Hon'ble Mrs. Saroj Yadav,J.
Re : Criminal Misc. Application No.NIL of 2021
On account of prevailing Covid-19 Pandemic, this case has been taken up through video conferencing.
This is an application under Section 378 (3) CrPC seeking leave to appeal against the judgment and order dated 22.3.2021 passed by First Additional District & Sessions Judge, District Bahraich in Sessions Trial No.52 of 2014 arising out of case crime no.651 of 2013, under Sections 147, 302, 149 IPC and Sessions Trial No.211 of 2014, under Sections 147, 302, 149 IPC, Police Station Dargah Sharif, District Bahraich whereby the respondents have been acquitted of the charges levelled against them.
Smt. Smiti Sahai, learned Additional Government Advocate appearing for the State-Appellant has contended that the impugned order of acquittal passed by the trial Court is wrong on facts and law; that the trial Court has erred in holding that the FIR was ante-timed; that PW-1 and PW-3 were eyewitnesses and PW-3 was an injured witness and minor contradictions and inconsistencies in their testimony could not be taken to be a ground to reject the prosecution evidence; that the blood was found on the weapon of assault; that PW-1 was an injured witness and his presence at the place of occurrence could not be doubted.
The matter requires consideration.
The application is allowed. Leave to appeal is granted.
Order Date :- 24.6.2021
Anupam
(Justice Saroj Yadav) (Justice Rakesh Srivastava)
