Hon'ble Kalimullah Khan,J.
Heard the learned counsel for the appellants, learned A.G.A. for the State of U.P. and perused the lower court record.
The learned counsel for the appellants files rejoinder affidavit.
From the perusal of the record it appears that in the present case the conviction has been made by the trial court after considering the evidence of last seen deposed by P.Ws. 3 and 4 and the statement of P.W. 4 who stated that he had seen the accused persons when they were dragging the deceased, the dead body of the deceased was recovered after eight days of the alleged incident. Nothing incriminating has been recovered from the possession of the appellants or at their pointing out, therefore, without expressing any opinion on the merits of the case the appellants are entitled for bail.
Let the appellants Suresh Chandra Katheria and Rajveer Verma convicted in S.T. No. 299 of 1994 under Sections 147, 302/149 and 201 I.P.C. P.S. Jahanganj District Farrukhabad be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned.
The realization of fine shall remain stayed during the pendency of the appeal.
Order Date :- 14.2.2012 N.A.