High Court of Judicature at Allahabad
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Smt. Usha v. State Of U.P. - CRIMINAL APPEAL No. 7519 of 2006  RD-AH 144 (3 January 2007)
Hon'ble Mukteshwar Prasad, J.
Hon'ble Vijay Kumar Verma, J.
We have heard learned counsel for the appellant and learned A.G.A. for the State. We have gone through the impugned judgment as well as the objection filed on behalf of the State. The objection filed on behalf of the State is taken on record.
It is contended that there is no direct evidence on record against the appellant. There is evidence of last seen as well as extra judicial confession made by co-accused Basanta to village Pradhan P.W. 7 Shiv Murat Yadav. It is also urged that appellant was on bail during trial.
On the other hand, learned A.G.A. has submitted that the appellant was responsible for causing miscarriage of the lady who was having 6-7 months pregnancy.
Taking into consideration all facts and circumstances of the case, we are inclined to release the appellant on bail during pendency of appeal.
Let the appellant-Smt. Usha be enlarged on bail during pendency of appeal on her executing a personal bond and furnishing bonds of two sureties each in the like amount to the satisfaction of C.J.M., Azamgarh in S.T. No. 64 of 1995 State Vs. Basanta and others.
If the appellant deposits a sum of Rs.5,000/- as fine within a period of one month from today in the court below, the recovery of remaining amount of fine shall remain stayed against him during pendency of appeal.
Let a reminder be sent to Sessions Judge concerned for sending the trial court record.
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