High Court of Judicature at Allahabad
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Uday v. State Of U.P. - CRIMINAL APPEAL No. 2032 of 2007  RD-AH 5669 (29 March 2007)
Hon'ble K.N.Ojha, J.
Objection filed by the State, be taken on record.
Heard learned counsel for the appellant-accused, learned AGA for the State and perused the objection and record.
It is contended by the learned counsel for the appellant accused that the informant lodged the first information report against the five persons including the appellant alleging therein that all the accused caused fire arm injury upon the person of the deceased named Mangal Singh, who died of the injuries. All were charge-sheeted and the trial proceeded accordingly but in the trial court all the other prosecution witnesses have turned hostile and the informant has also deposed against only the appellant exonerating the others. His further contention is that whatever the conduct of the informant and the prosecution witnesses may be, but the evidence of the informant solely against the appellant, does not inspire confidence.
Considering the facts and circumstances of the case, but without expressing any opinion on the merit thereon, the appeal is admitted.
The appellant Uday convicted under Section 302/149 IPC in Sessions Trial No. 79 of 2005 P.S. Ait Distt. Jalaun 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 the fine imposed upon the appellant shall remain stayed during the pendency of his appeal before this Court.
Dt/- 29th March, 2007
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