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Virendra v. State Of U.P. - CRIMINAL APPEAL No. 3650 of 2006 [2006] RD-AH 11011 (5 July 2006)


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Court No. 21

Criminal Appeal No. 3650 of 2006

Virendra Vs. State of U.P.

Hon'ble. Mukteshwar Prasad, J.

Hon'ble Vinod Prasad, J.


Office is directed to summon the trial court record within a period of four weeks.

Sri Rahul Ravhav, Advocate has filed his power on behalf of the complainant today, the same is taken on record.

We have heard learned counsel for appellant, Sri Rahul Raghav, learned counsel for the complainant as well as learned A.G.A. for the State, on the bail prayer of present appellant.

Learned counsel for the appellant has contended that the appellant was on bail during trial and he has not misused the liberty of bail. Moreover, he submitted that in this case the conviction is based only on suspicion and on the basis of the alleged extra-judicial confession before the wife of the deceased and two other persons. He contended that the appellant never made any confession. He further contended that there was absolutely no motive for the appellant to commit the murder of the deceased and there is no eyewitness account and the case rests on circumstantial evidence only.

The aforesaid facts could not be disputed by the learned A.G.A. as well as Sri Rahul Raghav, learned counsel for the complainant.

Considering the facts and circumstances of the case, we consider it appropriate to enlarge the appellant on bail during the pendency of appeal.

Let the appellant-Virendra be enlarged on bail during pendency of appeal on his executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Bulandshahar in S.T. N0. 848 of 2002 State Vs.Virendra. The appellant is granted one month's time to deposit the entire amount of fine in the court below.

The Chief Judicial Magistrate will send photocopies of the bail bonds to this Court immediately after its acceptance.




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