Court No. - 44
Case :- CRIMINAL APPEAL No. - 4214 of 2016 Appellant :- Jagrav Singh And 4 Others Respondent :- State Of U.P.
Counsel for Appellant :- Vindeshwari Prasad,Chandra Jeet Singh Counsel for Respondent :- G.A.,Akash Mishra,Rahul Singh
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Order on criminal misc. bail application
This is a bail application moved on behalf of appellants Jagrav Singh, Karrau @ Dharamveer, Brijesh, Arjun Singh and Vimal in the instant criminal appeal.
Heard Sri Chandra Jeet Singh, learned counsel for the appellants, Sri Irshad Hussain, learned A.G.A. for the State and perused the record.
It has been argued by the learned counsel for the appellants that the allegations made in the first information report is that appellants have taken away the deceased Nishant from his house and thereafter gun shot fire was heard by the informant and the appellants were seen fleeing away from the place of occurrence. It is further stated that only evidence against the appellants is of last seen though the deceased has received injuries by blunt object but there appears to be no direct evidence against the appellants and they have been convicted for murder of deceased only on the presumption that appellants have taken away the deceased from his house. It is further submitted that the recovery of country made pistol and knife has not been made from the possession of appellants and though the recovery which has been made from one of the assailant, there is no independent witness to prove the said recovery and that there are contradictory statements of witnesses. It has been further argued that first information report was ante-time and the first information report was registered after the inquest. The appellants are in jail since 30.07.2016 and in case appellants are enlarged on bail, the appellants shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail, but could not dispute factual position and that the appellants are languishing in jail since 30.07.2016.
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 appellants, we are of the opinion that the appellants are entitled to be released on bail.
Let the appellants-Jagrav Singh, Karrau @ Dharamveer, Brijesh, Arjun Singh and Vimal convicted and sentenced in S.T. No. 323 of 2014 (State Versus Jagrav Singh and others), Case Crime No. 148 of 2014, under Section 147, 148, 302/149 I.P.C., Police Station Civil Lines, District Budaun be released on bail on their furnishing a personal bond with two heavy sureties (one should be of his family members) each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them till the disposal of the appeal.
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. The hearing of the appeal is expedited.
Office is directed to prepare the paper book and list the appeal in the month of February, 2020 before appropriate Bench for final hearing.
(Raj Beer Singh,J.) (Ramesh Sinha,J.) Order Date :- 26.7.2019/T.S.