Court No. - 46 Case :- CRIMINAL APPEAL No. - 2489 of 2010 Petitioner :- Prem Chandra Respondent :- State Of U.P. Petitioner Counsel :- Sheo Ram Singh,Kuldip Singh Yadav Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the appellant and the learned A.G.A.
It is argued by learned counsel for the appellant that the FIR was lodged on
23.10.2006 at 7.40 a.m. But no one was named as an accused in the FIR.
Subsequently after one month, witness Pramod (P.W.2) had stated that he saw
the appellant coming out of the room of the deceased after the incident.
Although Pramod went along with the deceased when he was in injured
condition and was there at the time when the FIR was lodged yet he has not
named the appellant.
There is delayed disclosure. One 5 kg. weight is said to have been recovered
at the instance of the appellant but serological report did not show the
presence of human blood on the weight. It is argued that circumstances are
not of such a clinching nature so as to lead to an only inference of a guilt.
Learned AGA opposed the prayer for bail.
The appellants were on bail during trial.
Having Considered the facts and circumstances of the case and submissions
made by the learned counsel for the appellant and without expressing any
opinion on the merits of the case, the appellant Prem Chandra is entitled to be
released on bail.
Let the appellant, namely, Prem Chandra convicted and sentenced in S.T.
No.14 of 2007 arising out of case crime no.145 of 2006, under sections
302/34 IPC, P.S. Linepar, District Firozabad be released on bail on his
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned.
Order Date :- 5.7.2010
Gaurav