Court No. - 34
Case :- CRIMINAL APPEAL No. - 1155 of 2015 Appellant :- Nand Kishore And 3 Others Respondent :- State Of U.P.
Counsel for Appellant :- Ghan Shyam Das,Anil Kumar Srivastava,Indra Mani Tripathi Counsel for Respondent :- Govt.Advocate,Rakesh Dubey
Hon'ble Sudhir Agarwal,J.
Hon'ble Virendra Kumar Srivastava,J.
In Ref: Criminal Misc. Parole Application No. 4 of 2019.
1. Heard Sri Pankaj Kumar Gupta, Advocate for appellants and learned A.G.A. for State and perused the material available on record.
2. This is an application filed on behalf of three appellants, Narendra, Rajendra and Rajesh Kumar requesting to release them for short term on bail.
3. The main ground, which has been argued by learned counsel for appellants, is that appellant-Nand Kishore has died on 20.5.2019 during his treatment and on 3.6.2019 'Dashwa' & 'Terhi' is scheduled to be performed. Appellants Narendra and Rajendra are brothers of deceased, while Rajesh Kumar is son of deceased.
4. Learned A.G.A. vehemently opposed the prayer for short term bail and submitted that appellants are main accused and in case, short-term bail is granted to appellants to attend the funeral ceremony, necessary conditions may be imposed.
5. Looking into the facts and circumstances of this case and on humanitarian ground, without expressing any opinion on the merits of case, in our view only appellant-Rajesh Kumar be released on short term bail.
6. Let appellant-Rajesh Kumar involved in S.T. No. 697 of 2011 (State vs. Nand Kishore & others) arising out of Case Crime No. 137/2011, under Sections 147, 148, 302 I.P.C., Police Station Chakeri, District Kanpur Nagar be released on short- bail on 3.6.2019 on furnishing a personal bond and two sureties before the Trial Court concerned to its satisfaction and filing an undertaking that he shall surrender on 4.6.2019 before the Court concerned, thereafter he shall be sent to judicial custody.
7. The District and Sessions Judge, Kanpur Nagar shall send a compliance report regarding the same to Registrar General of this Court to be kept on record.
8. Application accordingly stands partly allowed.
Order Date :- 31.5.2019 Saurabh