High Court of Judicature at Allahabad
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Jaipal v. State Of U.P. - CRIMINAL APPEAL No. 1102 of 2006  RD-AH 5245 (6 March 2006)
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 .
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