Lakhan Singh And Another vs State Of U.P.
2024 Latest Caselaw 19506 ALL

Allahabad High Court

Lakhan Singh And Another vs State Of U.P. on 28 May, 2024

Author: Subhash Chandra Sharma

Bench: Subhash Chandra Sharma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:97179
 
Court No. - 81
 

 
Case :- CRIMINAL APPEAL No. - 5639 of 2021
 

 
Appellant :- Lakhan Singh And Another
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Ashish Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.
 

Order on Appeal

Admit.

Trial court record has been received.

Paper book is ready.

List for hearing of appeal on 22.07.2024.

Order on bail

Heard learned counsel for the appellants as well as learned A.G.A. for the State and perused the material on record.

This bail application has been preferred by the appellants to release them on bail in Session Trial No.216 of 2007 (State Versus Lakhan Singh and others), arising out of case crime no. 24 of 2006, under Section 304 I.P.C.1860, Police Station-Vijaygarh, District-Aligarh.

It is submitted by the learned counsel for the appellants that in this case, the appellants are innocent. It is further submitted that Lakhan Singh-appellant no.1 lodged an FIR for committing the murder of his daughter by the accused persons, but during investigation, the names of accused persons were exonerated and appellants were implicated by the police for committing murder of his daughter, who was said to be in affair with Vipin. It is also submitted that there is no any evidence on record, said to be reliable to prove the involvement of the present appellants in committing the murder of the deceased, even though learned trial court convicted and sentenced them for a period of ten years rigorous imprisonment. The appellants are in jail since 25.05.2019 and hearing of appeal is also not likely to be completed in near futhre, therefore, request to release the appellant on bail during the pendency of appeal.

Learned A.G.A. opposed the prayer of bail and contended that the appellants committed murder of the deceased, (the daughter of appellant Lakhan Singh) by strangulation with other co-accused persons, namely, Nihal @ Nanha and Kallu on account of she being in affair with Vipin. It is a case of honour killing. All the prosecution witnesses have supported the prosecution version for them. There is no any material contradiction in their statements, Learned Trial court has convicted and sentenced the appellants on the basis of material on record. There is no any illegality in the order passed by the learned trial court.

Considering the facts and circumstances of the case, submissions made by the learned counsel for the appellants as well as learned A.G.A., perusal of record, the nature of offence, the judgment passed by the learned trial court and without making any comment on merit of the case, in view of the evidence on record, there appears no ground for grant of bail in favour of the appellants. therefore, the bail application of the appellants is, hereby, rejected.

Order Date :- 28.5.2024

T.S.