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Uday Bhan And Another v. State Of U.P. - CRIMINAL APPEAL No. 5620 of 2006  RD-AH 16657 (21 September 2006)
Hon'ble Mukteshwar Prasad, J.
Hon'ble K.N. Ojha, J.
We have heard learned counsel for the appellant and learned A.G.A. for the State and perused the judgment in question.
Office is directed to summon the trial court record within a period of six weeks.
It is contended on behalf of the appellants that three accused, namely Appu @ Raghvendra, Uday Bhan and Bhagwat faced trial. Out of which, present appellants are said to have assaulted their associate Raghvendra to kill Gyan Singh, who on their exhortation, fired a shot on the chest of the deceased. Gyan Singh had his unnatural death as a result of single gunshot. Both the appellants were on bail in the court below and did not misuse the liberty of bail.
On the other hand, learned A.G.A. has not disputed the aforesaid submissions.
Taking into consideration the entire facts and circumstances of the case, we find it appropriate to enlarge both the appellants on bail during pendency of appeal.
Let the appellants-Uday Bhan and Bhagwat be enlarged on bail during pendency of appeal on their executing a personal bond and furnishing two bonds of sureties, each in the like amount to the satisfaction of C.J.M., Jhansi in S.T. No. 367 of 2004 State Vs. Appu @ Raghavendra and others.
If each of the appellants deposits a sum of Rs.5,000/- as fine within a period of one month from today in the court below, the recovery of remaining amount of fine shall remain stayed.
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