Court No. - 46 Case :- CRIMINAL APPEAL No. - 2206 of 2010 Petitioner :- Raj Narayan Respondent :- State Of U.P. Petitioner Counsel :- V.S. Parmar Respondent Counsel :- Govt. Advocate Connected with Case :- CRIMINAL APPEAL No. - 2317 of 2010 Petitioner :- Satyaveer Respondent :- State Of U.P. Petitioner Counsel :- K.D. Tiwari Respondent Counsel :- Govt. Advocate Connected with Case :- CRIMINAL APPEAL No. - 2980 of 2010 Petitioner :- Virendra & Another Respondent :- State Of U.P. Petitioner Counsel :- Jay Singh Yadav Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon’ble Yogesh Chandra Gupta,J.
Since all the aforementioned criminal appeals have been filed
against the judgement and order dated 23.3.2010 passed by the
Additional Sessions Judge/FTC, Mahoba, the prayer for bail in all
the aforesaid criminal appeal is being disposed of by this common
order.
It is argued by the learned counsel for the appellants that the
deceased-Umesh Kumar left his house at 6.00 PM on 7.10.2006
along with the appellant-Virendra, but he was not seen thereafter.
An unknown dead body was found on 11.10.2006, which was
identified to be that of the deceased on 19.7.2007 on the basis of
the clothes and photograph.
It is further argued that the face was unrecognizable and it was
difficult to have identified the body on that basis. Only there was
evidence of PW 3 Balwan Singh and PW 4 Ghasi Ram, who have
stated after nine months that they had seen the appellants together
with the deceased. They claimed that they have recognized the
body to that of the deceased, but out of fear they did not disclose
that fact.
It is argued that the circumstances are not of such a clinching
nature so as to reach the only inference of a guilt.
The appellants were on bail during trial.
Having considered the submissions of the parties and without
expressing any opinion on the merits of the case, let the appellants
Raj Narayan, Satyaveer, Virendra and Sushil, convicted and
sentenced in ST No. 36 of 2008, arising out of case crime No.
1202 of 2007, under sections 302/34/201 IPC, PS Charkhari,
district Mahoba, be released on bail on their furnishing a personal
bond with two sureties each in the like amount to the satisfaction
of the court concerned.
Order Date :- 6.7.2010
Ishrat