High Court of Judicature at Allahabad
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Gopal Narain v. State Of U.P. - CRIMINAL APPEAL No. 7050 of 2006  RD-AH 1381 (25 January 2007)
Hon'ble Mukteshwar Prasad, J.
Hon'ble K.N. Ojha, J.
The supplementary affidavit filed on behalf of the appellant is taken on record.
We have heard learned counsel for the appellant and learned A.G.A. also. We have gone through the impugned judgment.
The office is directed to summon the trial court record.
It is contended on behalf of the appellant that main role of kidnapping as well as murder was played by co-accused Bhuwan. According to prosecution itself, the appellant is said to have sent three messages through SMS one on 24.9.2004 and two on the following day i.e. 25.9.2004. According to appellant's learned counsel, the appellant was a student of M.B.A. Final Year and was very brilliant scholar. Therefore, there was no chance of his indulging in unlawful activities. It appears that the Cell Phone of the appellant was misused and ransom was demanded from P.W.5 Babu Singh, who is real Phoopha of co-accused Bhuwan. The appellant was allowed short-term bail thrice during trial on the ground of serious illness of his mother. It is also urged that the appellant is not named in the FIR and the Cell Phone of the appellant was allegedly used after commission of the murder. Moreover, he has no criminal history. He has not been found guilty under Section 302 I.P.C.
On the other hand, learned A.G.A. has contended that both the accused played role in kidnapping as well as murder of the boy (Anmol) and the appellant does not deserve bail.
Taking into consideration the entire submissions made on behalf of the parties and the role assigned to the appellant, we are inclined to release him on bail during pendency of appeal.
Let the appellant-Gopal Narain be enlarged on bail during pendency of appeal on his executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Meerut in S.T. No.10 of 2005 State Vs. Bhuwan and another.
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