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Jaipal v. State Of U.P. - CRIMINAL APPEAL No. 1102 of 2006 [2006] RD-AH 5245 (6 March 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble K.K. Misra,J.

Hon'ble Mukteshwar Prasad,J.

Heard learned counsel for the appellant and  learned A.G.A on the prayer for bail.


The contention of the learned counsel for the appellant is that the FIR had been  dictated by the father of the deceased who knew  the present appellant from before but his name had not come  in the FIR. There is a  evidence against the appellant only of last seen    as stated by P.W. 2 Babu, real uncle of the deceased when he was called by the Investigating Officer.  

Considering all the facts and circumstances of the case, we are of the view that  appellant should be  released on bail . Let appellant Jaipal convicted  under sections   302, 376  IPC  and sentenced thereunder in Sessions Trial no. 821 of 2002 ( State Vs. Jaipal )  be released on bail during the pendency of appeal  on his executing a personal bond and furnishing two reliable  sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Fatehpur .

The C.J.M, Fatehpur,  shall send photocopies of personal and surety bonds executed and furnished by and on behalf of the accused- appellant to this Court soon thereafter.

Realization of fine  shall remain stayed if Rs.2,500/-  out of the fine imposed by the trial court is deposited    within one month .


A/ 1102/06


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