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Gajendra @ Bichchu v. State Of U.P. - CRIMINAL APPEAL No. 4757 of 2006  RD-AH 14639 (29 August 2006)
Hon'ble Mukteshwar Prasad, J.
Hon'ble Barkat Ali Zaidi, J.
Sri Diwakar Singh and Sri K.K. Mishra, Advocates have filed their parcha today on behalf of the complainant, the same is taken on record.
We have heard learned counsel for the appellant, Sri Diwakar Singh and Sri K.K. Mishra, learned counsel for the complainant and learned A.G.A. for the State. We have gone through the judgment under appeal.
Connect this appeal with Criminal Appeals No. 4571 of 2006 and 4758 of 2006.
Office is directed to summon the trial court record within a period of six weeks.
It is contended that co-accused Bheekam, Veer Singh and Hari Om were bailed out by this Court on 21.8.2006. There was long standing enmity between the parties. Moreover, two prosecution witnesses, namely, Anil and Hori Lal did not support the prosecution story.
In view of the facts and circumstances of the case, the appellant is entitled to be released on bail during pendency of appeal.
Let the appellant-Gajendra @ Bichchu 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., Bijnor in S.T. No. 257 of 1998 State Vs. Gajendra @ Bichchu.
If the appellant deposits a sum of Rs.5,000/- as fine in the court below within a period of six weeks from today, the recovery of remaining amount of fine shall remain stayed.
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