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Daya Nand @ Dayalu & Others v. State Of U.P. - CRIMINAL APPEAL No. 1920 of 2006  RD-AH 7930 (19 April 2006)
Hon'ble Mukteshwar Prasad, J.
Hon'ble (Mrs.) Saroj Bala, J.
Office is directed to summon the record within a period of four weeks.
We have heard learned counsel for the appellants, Sri T.N. Tiwari and Sri Akhilesh Kumar Singh, learned counsel for the complainant, learned A.G.A. and perused the judgment under appeal.
It is vehemently contended by the appellants learned counsel that all the eyewitnesses, including the injured Ram Bilash Chauhan and informant Badam Yadav turned hostile and did not support the prosecution version. The finding of conviction was recorded by the court below on the testimony of two daughters of the deceased namely, Km. Sarita and Km. Rekha who disclosed the involvement of the appellants in the murder of their father. Admittedly, they are not eyewitnesses to the incident of murder. It is also submitted that all the appellants were on bail during trial.
On the other hand, the bail has been opposed mainly on the ground that Dayalu Yadav, one of the appellants, and two others had committed murder of Chhotey Lal, younger brother of Km. Sarita prior to this incident of murder and there was long standing enmity between two families. It is also urged that murder took place in broad daylight and on account of terror of the appellants none came forward to support the prosecution version.
Considering all facts and circumstances of the case, we are inclined to release the appellants on bail.
Let the appellants- Daya Nand @ Dayalu, Kamlesh Yadav, Kanhaiya Yadav and Bachcha Lal Yadav be enlarged on bail during pendency of appeal on their executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Ghazipur in S.T.No. 722 of 2004, State Vs. Daya Nand @ Dayalu Yadav and others and S.T. No. 83 of 2005 State Vs. Daya Nand Yadav @ Dayalu provided each of the appellants deposits a sum of Rs. 5000/- in the court concerned within a period of one month from today. The recovery of remaining amount of fine shall remain stayed during pendency of appeal.
The execution of sentence imposed on the appellants shall remain suspended till disposal of appeal.
The Chief Judicial Magistrate will send photocopies of the bail bonds to the Court immediately.
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