Hon'ble Anil Kumar Agarwal,J.
Heard the learned counsel for the appellants, learned A.G.A. for the State of U.P. and perused the lower court record.
After perusing the lower court record it appears that the role of over powering the deceased has been assigned to appellant no. 3, Indrasan and the role of catching hold the deceased is assigned to the appellant No. 2 Rajendra Sahney and the role of causing injury by using spade and tangi is assigned to the appellant No. 1 Belas Sahney. The alleged occurrence has taken place on 23.7.2006 at about 7.00 p.m., its F.I.R. has been lodged on 24.11.2006 at 11.00. A.M. According to the post mortem examination report the deceased has sustained 4 ante mortem injuries in which injury nos. 1 and 2 were choped lacerated wounds, and injury nos. 3 and 4 were lacerated wounds, in such circumstances, we are not inclined to release the appellant No.1 Belas Sahney on bail, his prayer for bail is refused.
So far as the appellant no.2 Rajendra Sahney and appellant no. 3 Indrasan are concerned, their role of catching hold and overpowering the deceased has been assigned, they did not cause any injury to the deceased, therefore, they are entitled for bail.
Let the appellant nos. 2 Rajendra Sahney and appellant no. 3 Indrasan convicted in S.T. No. 256 of 2007 under Sections 302/34,201 I.P.C. P.S. Kaptanganj District Kushinagar be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
The realization of fine shall remain stayed during the pendency of the appeal.
Order Date :- 8.2.2012 N.A.