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Sant Raj & Another v. State Of U.P. - CRIMINAL APPEAL No. 2603 of 2007 [2007] RD-AH 6806 (13 April 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble M. K. Mittal, J.

Heard learned counsel for the parties and perused the material on record.

Accused Sant Raj son of Hira Lonia and Durga son of Abhi Raj have prayed for release on bail in Criminal Appeal No. 2603 of 2007 filed by them against the judgment and order dated 22.2.2007 passed by Addl. Sessions Judge, Court no. 9, Gorakhpur in S. T. No. 540 of 2002 whereby the appellants have been found guilty and convicted under Sections 307/34, 323/34 IPC and have been sentenced to undergo rigorous imprisonment up to seven years and fine has also been imposed on them with default stipulation.

Heard learned counsel for the parties and perused the material on record.


Learned counsel for the appellants has contended that these two appellants and one co accused Munna are alleged to have entered into the house of the informant. He has further contended that co accused Munna is alleged to have fired causing firearm injury on the abdomen of the informant. Munna was arrested on the spot and he died there. Accused Durga is also alleged to have caused injuries with the but of the country made pistol but that injury was found to be simple.

In the circumstances of the case, but without prejudice to the merits of the case, appellants be released on bail during pendency of this appeal, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned and on depositing half of the amount of fine as imposed on them and the balance amount of fine shall remain stayed during pendency of this appeal.

They shall also give an undertaking that they will not indulge in any criminal or antisocial  activity and shall not threaten the witnesses directly or indirectly and if any report is found against them, it shall be open for the Court below to report the matter to this Court, after inquiry, so that their bail may be cancelled.

Dated: 13.4.2007



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