High Court of Judicature at Allahabad
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Vijay Singh & Another v. State Of U.P. - CRIMINAL APPEAL No. 6446 of 2006  RD-AH 18280 (28 October 2006)
Hon'ble Mukteshwar Prasad J.
Hon'ble K.N. Ojha, J.
Heard learned counsel for the appellants, and learned A.G.A. and perused the judgment in question .
Summon the lower court record within six weeks.
Connect this appeal with Criminal Appeal No. 6371 of 2006.
It is contended that deceased Sheoveer was a hardened criminal and was facing trial for committing murder of Kaptan and Pawan and for making murderous assault. He was further involved in several criminal cases and was externed from the district under U.P. Control of Goondas Act by the District Magistrate, Farrukhabad. It is further contended that Sheobeer was done to death by unknown persons in the night and not at the time as alleged by the prosecution. There is inconsistency between the medical evidence and oral testimony led by the prosecution and no independent witness of the locality came forward to support the prosecution version. It is also submitted that both the appellants were on bail during trial.
On the other hand, learned A.G.A. submitted that both the appellants were armed with licensed guns at the time of alleged incident and they are alleged to have fired several rounds on the deceased and committed murder. Two brothers Rajveer and Jagveer fully supported the prosecution story during trial and believing their testimony, the trial Judge convicted the appellants and others.
After having considered the submissions made on behalf of the parties, all facts and circumstances of the case, including this fact that the deceased was a known criminal of the area and was facing trials for committing several heinous offences, we are inclined to release both the appellants on bail during pendency of the appeal.
Let both the appellants, Vijay Singh and Hari Singh be released on bail during pendency of the appeal in S.T. No. 170 of 1999 (State vs. Vijay Singh & others) on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the C.J. M., Farrukhabad.
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