Court No. - 44
Case :- CRIMINAL APPEAL No. - 1797 of 2018 Appellant :- Naushad Respondent :- State Of U.P.
Counsel for Appellant :- Rameshwar Prasad Mishra,Ishwar Chandra Tyagi Counsel for Respondent :- G.A. With Case :- CRIMINAL APPEAL No. - 429 of 2018 Appellant :- Sonu Respondent :- State Of U.P.
Counsel for Appellant :- Mr Vinay Kumar Singh Chandel Counsel for Respondent :- A.G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Re: Criminal Misc. Bail Application Nos.2 of 2018 and NIL of 2018
Heard Sri Ishwar Chandra Tyagi and Sri V.K.S. Tyagi, learned counsel for the appellants and Sri S.N. Mishra, learned A.G.A. for the State and perused the record.
It has been submitted by learned counsel for the appellants that the present appellants who are five in number are said to have been named in the FIR which was lodged after the recovery of the dead body, by PW-3. It has been further submitted that the deceased was taken by the appellants but his dead body was recovered from the field of Anis after two days. It is further submitted that the FIR of the said incident was lodged after two days by PW-3 for which there appears to be no explanation and the motive suggested for the crime is that the sister of the co-accused was in relationship with the deceased. It is next submitted the recovery of knife is said to have been made from Naushad which is a false one and also he has been acquitted by the trial court. It is next submitted that no incriminating article from the pointing out of possession is said to have been recovered from the other appellant. He further argued that the appellants were on bail during trial and have not misused the liberty of bail. The appellants are in jail since 20.11.2017.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellants.
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 Naushad, Sonu, Subhash, Pawan, Sumit, convicted and sentenced in S.T. No. 1225 of 2010, under Sections 147, 148, 201, 302 read with Section 149 IPC, Police Station-Hapur Dehat, District- Ghaziabad, be released on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2019 Deepika