Hon'ble Surendra Vikram Singh Rathore,J.
Heard learned counsel for the appellant and learned A.G.A. for the State and perused the lower court's record.
Prayer for bail has been made on behalf of the appellants Shiv Shankar Tewari and Trun Kumar Tewari who have been convicted by Additional Sessions Judge, Court No.9, Gonda in Sessions Trial No.591 of 2003 arising out of case crime No.68 of 2003, under Sections 307/302/323/324/325/504/452 I.P.C., and 3(1) of U.P.Gangesters Act, Police Station- Katra Bazar District- Gonda.
The case of the prosecution is that appellant Shiv Shankar Tewari armed with Bhala and appellants Tarun and Dhan Lal armed with Farsa and Lathi assaulted the deceased and caused injuries to the deceased. Post mortem injuries show that Bhala injury had caused internal damage.
Considering the role of the appellant Shiv Shankar, the prayer for bail of appellant Shiv Shankar is rejected.
Considering the facts and circumstances of the case,without commenting upon merits of the case and the role attributed to the appellant Tarun Kumar Tewari, in our opinion appellant Tarun Kumar Tiwari is entitled to be released on bail. Let appellant Tarun Kumar Tewari be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Till further order, realization of fine shall remain stayed Order Date :- 13.3.2012 R.P/