High Court of Judicature at Allahabad
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Amar Nath And Another v. State Of U.P. - CRIMINAL APPEAL No. 1793 of 2007  RD-AH 7859 (27 April 2007)
Hon'ble M. K. Mittal, J.
Appellant Amar Nath has prayed for release on bail in this appeal filed by him against the judgement and order dated 1.3.2007 passed by Addl. Sessions Judge, F.T.C. No.2, Ballia in S. T. Nos. 292 and 293of 2004 whereby the appellant has been found guilty and convicted under Section 307 IPC and has been sentenced to undergo rigorous imprisonment for seven years and fine has also been imposed on him with default stipulation.
Heard learned counsel for the parties and perused the material on record.
Learned counsel for the appellant has contended that appellant is alleged to have caused firearm injury to the injured Prem Chandra. The injury was received by him on his shoulder reason and radio opaque shadows were also noted. There was one injury on right thumb which was found to have been caused by some blunt object.
Learned counsel for the appellant has also contended that the appellants and injured are cousins and appellant also received injuries and had filed injury report EX-Kha-1 in the Trial Court.
In the circumstances of the case, but without prejudice to the merits of the case, appellant be released on bail during pendency of this appeal, on his furnishing 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 him.
He shall also give an undertaking that he 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 him, it shall be open for the Court below to report the matter to this Court, after inquiry, so that his bail may be cancelled.
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