Hon'ble Vishnu Chandra Gupta,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
Prayer for bail has been made by appellant Kalp Nath @ Kalpu and Sandeep Kumar. Kalp Nath @ Kalpu has been convicted under sections 302/34, 201 and 404 I.P.C. and Sandeep Kumar has been convicted under sections 302/34, 201, 404 and 411 I.P.C. and they have been sentenced to undergo maximum sentence of life imprisonment with total fine of Rs. 8000/- each by Additional Sessions Judge, Faizabad , Court No. 1, in Sessions Trial No. 163 of 2009, arising out of case Crime No. 1315/08, P.S. Maharajganj, District - Faizabad.
It is submitted by learned counsel for the appellants that there is no direct evidence against the appellants.
Learned A.G.A. has opposed the prayer for bail and has submitted that one motorcycle and mobile phone of the deceased have been recovered on the pointing out of the appellant - Sandeep Kumar.
Considering the facts and circumstances of the case, without expressing any opinion on the merit of the case, we are of the opinion that appellant Kalp Nath @ Kalpu is entitled to grant bail.
However, considering the role assigned to appellant Sandeep Kumar, we are of the opinion that he is not entitled to be released on bail. The prayer for granting bail to appellant Sandeep Kumar is hereby rejected.
Pending appeal, appellant-Kalp Nath @ Kalpu , who has been convicted in aforemtioned case, shall be released on bail on executing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.
Till further orders, realization of fine shall remain stayed.
Office is directed to prepare paper book and list the appeals for final hearing in the month of October, 2012.
Order Date :- 23.5.2012 S. Kumar