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Daya Chandra v. State Of U.P. - CRIMINAL APPEAL No. 7445 of 2006 [2007] RD-AH 12211 (18 July 2007)


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Hon'ble Imtiyaz Murtaza, J.

Hon'ble Vijay Kumar Verma, J.

A prayer for bail has been made on behalf of the appellant, who has been convicted by the judgement and order dated 29.11.2006 passed by Addl. Sessions Judge, Court No. 1, Mahoba in S.T. No. 109/2005.

We have heard learned counsel for the appellant-accused and learned A.G.A. for the State-respondent and also perused the record.

The learned counsel for the appellant submits that the First Information Report was lodged only on the basis of suspicion against four persons. After the investigation chargesheet was submitted only against two persons and after trial, Session Judge, Mahoba acquitted the co-accused Nem Kumar.

Learned counsel for the appellant submitted  that there is no direct evidence against the appellant.  The testimony of P.W.3 cannot be relied upon and the only other evidence against the appellant is of recovery of weapon under Section 27 of Evidence Act.

Considering the facts and circumstances of the case, let the appellant Daya Chandra be granted bail on his executing a personal bond and executing two sureties each in the like amount to the satisfaction of the Court concerned.  

Till further orders, realization of fine shall also remain stayed.


Yc/Crl. Appeal No. 7445 of 2006


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