Court No. - 1
Case :- CRIMINAL APPEAL No. - 1476 of 2017
Appellant :- Ramdas And 2 Others
Respondent :- State Of U.P.
Counsel for Appellant :- Dharmendra Singhal,Prashant Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Order on Crl. Misc. Bail Application No.92800 of 2017 Heard S/Sri Dharmendra Singhal and Prashant Kumar Singh, learned counsel for the appellants, learned A.G.A. for the State and perused the record.
Learned counsel for the appellants submitted that during the course of investigation, participation of appellant no.3 along with appellant nos.1 and 2, who are her husband and dewar, respectively, has come into light. Co-accused Netram, who is the husband of one of the deceased, namely, Shivdeyi, was named in the FIR, who has been acquitted by the trial court and the appellants have been convicted only on the basis of the statement of PW-1, Mahaveer Singh, claims to be an eye- witness of the occurrence. He states that the evidence of PW-1, Mahaveer Singh, is not reliable because he is inimical to the appellants. He next submitted that the appellants are in jail since 24.02.2014.
Learned A.G.A. vehemently opposed the prayer for bail and submitted that the two deceased, who were ladies and one was the daughter of appellant nos. 1 and 3 and the other was the nanad of appellant nos.3 and 2, were murdered in the house of the appellants and the learned trial court has convicted the appellants in view of Section 106 of Evidence Act.
Without expressing any opinion on the merits of the case and considering the submission advanced, we find no good ground for grant of bail to the appellants-Ramdas, Rai Singh and Smt. Pushpa Devi, convicted and sentenced in S.T. No.467 of 2014, arising out of Case Crime No.164 of 2014, under Sections 302/34, 203 of I.P.C., Police Station Meerganj, District-Bareilly.
Accordingly, the bail application is rejected. The hearing of the appeal is expedited.
Office is directed to prepare the paper book and list the appeal on 15.04.2019, for final hearing before appropriate Bench.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 27.11.2018 m.a.