KRISHNA PRASAD @ KRISHNA KUMAR versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Krishna Prasad @ Krishna Kumar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 5046 of 2006 [2006] RD-AH 20698 (7 December 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble (Mrs.) Saroj Bala, J.  

We have heard learned counsel for the appellant and learned AGA and have perused the impugned judgment under appeal.

It is contended that in the first information report two brothers Shanker Lal and Sua Lal were named as assailants of the deceased Mangali. The incident had taken place at 5.30 a.m. on 19.10.1998. Sua Lal expired and Shanker Lal faced the trial. However, it has not come in evidence led by the prosecution as to who out of two brothers fired fatal shot at the deceased. The appellant was on bail during trial. It is further contended that the police had arrived at the scene of the incident prior to the lodging of the first information report.

Taking into consideration the submissions advanced and considering the facts and circumstances of the case and post mortem report, we find it appropriate to release the appellant on bail.

Let the appellant Shanker son of Neksu Dhobi, be released on bail in S.T. No. 358 of 1999 (State Versus Shanker) on his executing personal bond and  furnishing two sureties each in the like amount to the satisfaction of C.J.M. Etah, subject to his depositing a fine of Rs.3,000/- in the court below within a period of one month from today.

D/-7.12.2006

Mahmood-5046-06

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