OM PRAKASH GUPTA versus STATE OF U.P. THRU' SECY. HOME, GOVT. OF U.P. LKW.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Om Prakash Gupta v. State Of U.P. Thru' Secy. Home, Govt. Of U.P. Lkw. - CRIMINAL APPEAL No. 7813 of 2006 [2007] RD-AH 1535 (31 January 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Mukteshwar Prasad J.

Hon'ble K.N. Ojha, J.

Heard Sri L. R. Khan, learned counsel for the appellant, learned A.G.A.  and perused the judgment in question.

Connect this appeal with Criminal Appeal No. 7618 of 2006.

The appeal is admitted.

Summon the lower court record within a period of eight weeks.

It is contended on behalf of the appellant that five persons were named in the F.I.R. and they are alleged to have committed murder of Sonu Kapoor on 14.1.2002 at 7.30 P.M. All the five accused were armed with firearms. However, two gunshot wounds of entry were found by the doctor who conducted postmortem examination. The appellant was on bail during trial and did not misuse the liberty of bail.

On the other hand, learned A.G.A. submitted that Raju Sharma alias Rajiv Sharma wanted to grab the tea stall of deceased and appellant had motive to commit the murder and   F.I.R. was lodged promptly.

Considering all facts and circumstances of the case as well as submissions made on behalf of the parties, we are of the opinion that the appellant is entitled to bail during pendency of the appeal.

Let the appellant Om Prakash Gupta be released on bail during pendency of the appeal in S.T. No. 620 of 2003 (State versus Jitendra Kumar Tiwari and others) on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the C.M. M., Kanpur Nagar.

If the appellant deposits a sum of Rs. 5,000/- as fine in the court below within a period of six weeks from today, the recovery of remaining amount of fine shall remain stayed during pendency of appeal.

Dated: 31.1.2007

SU. 7813-06

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