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Shubhakaran & Tohers v. State Of U.P. - CRIMINAL APPEAL No. 3475 of 2007 [2007] RD-AH 13061 (27 July 2007)


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Hon'ble M. K. Mittal, J.

Appellant Shubhakaran has prayed for release on bail in criminal appeal no. 3475 of 2007 filed by him against the judgement and order 16.5.2007 passed by Addl. Sessions Judge, F.T.C. No. 2, Banda, in S. T. No. 25 of 2006 whereby he  has been found guilty and convicted under Sections 307/34 IPC and has been sentenced to undergo rigorous imprisonment for five years and fine has also been imposed on him with default stipulation.

Heard learned counsel for the parties and perused the trial court record.

Accused is alleged to have fired at injured Kaushal causing injury in his neck. It appears that injury was not found to be grievous or dangerous to life and no internal damage was caused to the injured.

Learned counsel for the accused appellant has contended that co accused Bhoora Nai and the mother of the injured was also a candidate for that post and in order to prevent the co appellant Bhoora Nai from contesting the election this case was fabricated.

Considering the facts and circumstances of the case but without prejudice to the merits of the case, appellant be released on bail, during the pendency of the appeal, on his furnishing a personal bond with two sureties each of the like amount to the satisfaction of the court concerned and also on depositing the amount of fine as imposed on him.

The appellant shall give an undertaking that during the pendency of the appeal, he shall not indulge in any criminal and antisocial activity and shall have good behaviour and shall not threaten the witnesses or their family members. In case any complaint is received, it shall be properly enquired into and report, if any, is made to this Court, the bail may be cancelled.

Dt: 27.7.2007



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