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STATE OF U.P. versus RAJENRA AND OTHERS

High Court of Judicature at Allahabad

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State Of U.P. v. Rajenra And Others - GOVERNMENT APPEAL No. 6245 of 2003 [2007] RD-AH 7849 (26 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 R.C. Deepak,J.

Hon'ble S.K.Jain,J.

Heard learned AGA for the State appellant and perused the record.

It has vehemently been vehemently been argued by the learned counsel for the State appellant that the occurrence has taken place in the early morning. The report was made promptly wherein vivid description of the weapon, mode and manner of assault have been disclosed. One Prempati lost her life and five others sustained injuries. The statement of the prosecution witnesses finds corroboration from the medical evidence. The trial court appears to have ignored the cognizable evidence while passing the order of acquittal on the ground that motives have specifically not been assigned therein and certain minor contradictions occurring in their statements have been made.

In above view of the matter, we are of the view that prima facie there is a case to grant leave to appeal.

The leave to appeal is granted.

Dt/-26th April,  2007

PKG/17 {6245/03}

Hon'ble R.C. Deepak,J.

Hon'ble S.K.Jain,J.

Heard learned AGA for the State appellant and perused the record.

The appeal is admitted.

Issue non bailable warrant  against accused respondents Rajendra, Awadhesh, Daroga Rai, Sahabrai, Suraj, Ram Kunwar and Rudal for ensuring and securing his presence before this court on 17th July 2007.  In case the accused-respondents are   arrested and produced before the Chief Judicial Magistrate concerned, they shall be released on bail on their executing a personal bond of Rs.50,000/-each with two sureties each in the like amount to the satisfaction of the Chief  Judicial Magistrate concerned.

The CJM concerned shall ensure  the compliance of the order and submit the compliance report alongwith photostate copies of the bonds, so furnished by the accused respondents named above,   on or before the date fixed.

List on 17th July 2007.  

Dt/-26th April,  2007

PKG/17 {6245/03}


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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