Court No. - 51
Case :- GOVERNMENT APPEAL No. - 487 of 2018 Appellant :- State Of U.P. Respondent :- Ajeet Kumar Counsel for Appellant :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard Sri Yogeshwar Rao, learned AGA appearing for the STate on the application seeking leave to appeal against the judgment and order dated 12.12.2017 by means of which accused respondent has been acquitted for the offence under Sections 302, 201 and 404 IPC.
Sri Arun Kumar Singh contends that the Court concerned has examined the testimony of PW3 and PW4. Even though, the Court has observed in his judgment itself that the testimony of PW3 and PW4 has been consistent throughout and the difference has not been able to place in holes therein.
From the perusal of impugned judgment and evidence, it appears that the findings as recorded by the court concerned require reconsideration.
Accordingly, application for leave to appeal is allowed. Lower Court record has already been received.
Issue bailable warrant against the accused-respondent returnable at an early date for execution to the CJM concerned. In the event the accused respondent is arrested or he appears in the Court of CJM concerned and applies for bail, he may be released on bail on executing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the CJM concerned and further on the undertaking that he shall appear before this Court on 05.09.2018 either personally or through his counsel.
List on 05.09.2018.
Order Date :- 26.7.2018 P Kesari