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ANIL KUMAR & OTHERS versus STATE OF U.P.

High Court of Judicature at Allahabad

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Anil Kumar & Others v. State Of U.P. - CRIMINAL APPEAL No. 2597 of 2007 [2007] RD-AH 7170 (19 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Appellants Anil Kumar, Tej Ram, Shree Pal and Vishram have prayed for release on bail in this appeal filed by them against the judgement and order dated  6.4.2007 passed by Addl. Sessions Judge, F.T.C. No. 2, Kannauj in S.T. No. 415 of 2001 whereby the appellants have been found guilty and convicted under Section 307/34 IPC and have been sentenced to undergo rigorous imprisonment for ten years and fine has also been imposed on them with default stipulation.

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

Admit.

Learned counsel for the appellants has contended that they were not named in the first information report and there names were disclosed after 5-6 days for the first time by the persons who claimed themselves to be eye witnesses of the incident.

He has further contended that there is long drawn enmity between the parties  and it appears that the injured fell down from the tree and taking advantage of the injuries the accused has been implicated in this case.

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 the amount of fine as imposed on them within a month from today and failing it their bail shall stand cancelled and they shall be committed to custody.

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: 19.4.2007

RKS/2597/07


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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