Hon'ble Anil Kumar Agarwal,J.
Heard the learned counsel for the appellant, learned A.G.A. for the State of U.P. and perused the lower court record.
It is contended by the learned counsel for the appellant that in the present case P.W. 1 Ramvir, brother of the deceased, P.W. 2, Atraj, brother of the deceased, P.W. 4 nephew of the deceased and P.W. 5, Amar Pal, brother of the deceased have been declared hostile. P.W. 3 Smt. Kamlesh is not an eye witness. In this case three persons have been prosecuted, but the trial court has acquitted two persons on the same evidence. The conviction is based only on because the deceased was the wife of the appellant, the marriage of the deceased was solemnized nine years prior the alleged incident, in such situation, the appellant may be released on bail.
Considering the facts and circumstances of the case, submission made by the learned counsel for the appellant and the learned A.G.A. and from the perusal of the record it appears that in the present case P.W. 1, P.W. 2, P.W.4 and P.W. 5 have been declared hostile, without expressing any opinion on the merits of the case, the appellant is entitled for bail.
Let the appellant Kunwar Sahai convicted in S.T. No. 174 of 2008 under Sections 302/34 I.P.C. P.S. Ramghat District Bulandshahar be released on bail on his 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 :- 18.1.2012 N.A.