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Rajneesh Misra & Another v. State Of U.P. - CRIMINAL APPEAL No. 849 of 2007 [2007] RD-AH 4175 (12 March 2007)


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Hon'ble R.C. Deepak, J.

Hon'ble K.N. Ojha, J.

Objection filed by the State be taken on record.

Heard Sri A. Kumar Srivastava, learned counsel for the appellants-accused, Sri B.D. Sharma, learned counsel for the informant, learned A.G.A. for the State and perused the objection and the impugned judgment.

It has vehemently been argued by the learned counsel for the appellants-accused that the appellant Awaneesh Misra, alleged to have armed with country made pistol, caused firearm injuries on the chest of the deceased, but the absence of any firearm injury on his person indicates his false implication. The appellant Rajneesh Misra, alleged to have armed with sword, caused sword injuries to the injured as per version of the F.I.R., but later on it has been developed that the deceased was also caused sword injury and there appears sword injury on his person. Therefore, the case of Awaneesh Misra is distinguishable from the case of other co-accused.

On the other hand, learned counsel for the informant and learned A.G.A. submit that the evidence has come to the effect that the assault was made upon the deceased with sword. However, they could not reply why there is no disclosure of causing sword injuries by the appellant Awaneesh Misra in the first information report. They also submit that there were grievous injuries on the persons of two injured.

Considering the arguments of the learned counsel for the parties and the facts and circumstances of the case, but without expressing any opinion on the merit thereon, we are of the view that the appellant Awaneesh Misra has made out a case for his release on bail.

Consequently, the appeal is admitted.

Issue notice.

The appellant Awaneesh Misra convicted under Sections 302/34 & 307/34 IPC in S.T. No. 530 of 2004, Police Station Beesalpur, District Pilibhit shall be released on bail on his 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 fine imposed upon the appellant-accused Awaneesh Misra shall remain stayed during the pendency of his appeal before this Court.

Office is directed to summon the trial court's record within six weeks.

List on 7th May, 2007.

The prayer for bail of the appellant-accused Rajneesh Misra shall be considered after the receipt of the trial court's record.

Dated : 12th March, 2007.



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