Court No. - 1
Case :- CRIMINAL APPEAL No. - 7394 of 2018 Appellant :- Balveer Singh Respondent :- State Of U.P.
Counsel for Appellant :- Dheeraj Kumar Pandey,Nripendra Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Re: Criminal Misc. Bail Application No.1 of 2018
Heard Sri Nripendra Kumar Dwivedi, learned counsel for the appellant and Sri Gaurav Pratap Singh, learned A.G.A. for the State and perused the records.
It has been contended by the learned counsel for the appellant that the appellant has been falsely implicated in the present case. It has been submitted that the deceased was the real brother of the appellant and he had no motive to commit the crime. It is next submitted that the FIR was lodged by the nephew of the appellant and the deceased. It is stated that the informant and real brother of the appellant bore ill will against the appellant as the deceased has executed the sale deed in favour of the wife of the appellant has well as his children. It is stated that on account of the said fact the applicant has been implicated alongwith two children and wife. His wife died during the course of investigation, children were acquitted and appellant has been convicted. It has been further submitted that as per post mortem report cause of death is not known. Viscera was preserved. As per viscera report, Aluminium Phosphide was found in the viscera of the deceased. The appellant was on bail during trial and has not misused the liberty of bail. The appellant is in jail since 23.10.2018.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, I am of the opinion that the appellant is entitled to be released on bail.
Let the appellant Balveer Singh convicted and sentenced in S.T. No. 362 of 2011, Case Crime No. 437 of 2009 under Section 328, 302 IPC, P.S. Akbarpur, District Kanpur Dehat be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.4.2019 Deepika