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Brij Paul & Others v. State Of U.P. & Another - CRIMINAL APPEAL No. 7554 of 2006 [2007] RD-AH 12794 (25 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 appellants, who have been convicted by the judgement and order dated 24.11.2006 passed by Addl. District & Session Judge, Court No. 2, Bareilly in S.T. No. 197/2001 (State Vs. Brij Paul and others), P.S. Cantt. District Bareilly.

Heard learned counsel for the appellants, learned A.G.A. for the State and perused the order of Sessions Judge and  the lower Court record.

It is submitted by learned counsel for the appellants that the case is of circumstantial evidence.  According to the prosecution case, there is evidence of last seen against Brij Paul and Sunil Paul @ Babbu and the dead body was recovered on the pointing out of Shiv Sagar and Sanjiv Kumar.  The case of Sanjiv Kumar was transferred to Juvenile Court.

Considering the facts and circumstances of the case, the appellants  Brij Paul and Sunil Paul alias Babbu are entitled to bail.

Pending appeal appellants Brij Paul and Sunil Paul alias Babbu be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned.

Till further orders, realization of fine from aforesaid appellants shall remain stayed.

Prayer for bail of accused-appellant Shiv Sagar Kumar is rejected.


Yc/Crl. Appeal No. 7554 of 2006


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