High Court of Judicature at Allahabad
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Ragghu & Another v. State Of U.P. - CRIMINAL APPEAL No. 1263 of 2007  RD-AH 3961 (8 March 2007)
Hon'ble K.N.Ojha, J.
Objection filed by the State, be taken on record.
Heard learned counsel for the appellants-accused, learned AGA for the State and perused the objection and impugned judgment.
It is contended by the learned counsel for the appellant accused that according to the version of the FIR, the appellants accused alleged to have armed with country made pistol but they do not appear to have caused injuries to the deceased. Later on it has come up in the evidence that they also caused injuries to the deceased. The subsequent evidence appears to be developed one and cannot be relied upon. The case of the appellants accused is distinguishable from the case of co-accused Ompal and Jaggu.
Considering the facts and circumstances of the case, but without expressing any opinion on the merit of the case, the appellants have made out a case for their release on bail.
The appellants Ragghu and Karu alias Karan convicted under Section 148, 302/149, 452 IPC and 3/2/5 SC/ST Act in Sessions Trial No. 10 of 2005 P.S. Mohammadabad Distt. Farrukhabad shall be released on bail on their furnishing a personal bond of Rs.50,000/-with two sureties each in the like amount to the satisfaction of the court concerned.
The realisation of 2/3rd of the fine imposed upon the appellants shall remain stayed during the pendency of their appeal before this Court and the remaining 1/3rd of the fine shall be deposited forthwith.
Dt/- 08th March, 2007
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