High Court of Judicature at Allahabad
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Gulab Singh v. State Of U.P. - CRIMINAL APPEAL No. 6774 of 2006  RD-AH 18954 (9 November 2006)
Hon'ble Mukteshwar Prasad, J.
Hon'ble K.N. Ojha, J.
We have heard learned counsel for the appellants and learned A.G.A. for the State and perused the judgment in question.
Connect this appeal with Criminal Appeal Nos. 6773 of 2006 and 6609 of 2006.
Office is directed to summon the trial court record within a period of six weeks.
It is contended that co-accused Puttan has already been bailed out by this Court. Both the appellants are said to have called the deceased (Ram Gopal) from his house on 5.3.1996 and they are said to have taken the deceased to the house of Puttan. Thereafter, the deceased was not traceable. However, no report about his disappearance was lodged by the wife of the deceased or members of the family. It is further contended that both the appellants were on bail during trial and did not misuse the liberty of bail. The dead body was recovered from well on eighth day of the disappearance.
On the other hand, learned A.G.A. has submitted that the present two appellants are main accused, who took the deceased to the house of Puttan on the impugned night and they failed to give any satisfactory explanation to his wife on her query.
Taking into consideration the arguments advanced before us and looking to all facts and circumstances of the case, we find it appropriate to enlarge both the appellants on bail during pendency of appeal.
Let the appellants-Gulab Singh and Deshraj 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., Fatehpur in S.T. No. 67 of 1997 State Vs. Gulab Singh 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 during pendency of appeal.
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