Court No. - 54
Case :- CRIMINAL APPEAL No. - 3954 of 2007
Appellant :- Ram Bachan And Others
Respondent :- State Of U.P.
Counsel for Appellant :- Rajesh Singh,Anand Kumar Pandey,Anmol Mishra,K.P. Pathak,R.N. Singh,Sudeep Dwivedi
Counsel for Respondent :- Govt. Advocate,Anay Kumar Srivastava,Shailendra
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Criminal Misc. Short Term Bail (Parole) Application No. 26 of 2019 Heard Sri Sudeep Dwivedi, learned counsel for the applicant and Sri J.K. Upadhya, learned A.G.A. for the State.
This is an application seeking short term bail to the applicants, namely, Ram Bachan, Bhagwan and Raj Kumar on the ground of death of their mother, Shakantula Devi who died on 31.12.2018.
Learned counsel for the applicants submits that all the three brothers are in jail who had lost their father way back and as such there is no one to perform the rituals of their mother. It has been argued that at least accused no. 3, Raj Kumar be granted short term bail so that he can perform rituals of their mother.
State Counsel submits that he has verified the factum of death of the mother of the applicants.
Considering the facts and circumstances of the case, the applicant-appellant No. 3, Raj Kumar is directed to be released on temporary bail for a period of one week from 24.01.2019 in connection with S.T. No. 698 of 2004 arising out of crime no. 235 of 2004, under Sections 148, 302/149, 307/149, 324/149 of IPC and 7 Criminal Law Amendment Act, P.S. Dildarnagar, District Ghazipur on furnishing two sureties and personal bond of Rs. 50,000/- each before the C.J.M. concerned. The applicant no. 3, Raj Kumar shall be released from the concerned jail in the morning of 24.01.2019 and he would positively surrender before the concerned CJM on 31.01.2019.
Instant application with regard to applicant nos. 1 and 2 namely Ram Bachan and Bhagwan is rejected.
Accordingly, application is disposed of.
Order Date :- 21.1.2019 AKK/A.Tripathi