Court No. - 1
Case :- CRIMINAL APPEAL No. - 4364 of 2013 Appellant :- Tribhuwan Yadav Respondent :- State Of U.P.
Counsel for Appellant :- Sapan Kumar Singh,Arvind Agrawal Counsel for Respondent :- Govt. Advocate,Rajeev Kr.Singh
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Arvind Agrawal, learned counsel for the appellant, Sri Rajeev Kr. Singh, learned counsel for the complainant and Sri Rajesh Mishra, learned A.G.A. for the State and perused the record.
It has been submitted by learned counsel for the appellant that the deceased was taken by the appellant to purchase some cattles but when the deceased came back he returned on a thela in a fainted condition and he was alive but after sometime he died in the hospital. Initially an FIR was lodged under Section 304 IPC on 1.7.2006 while the incident occurred on 30.6.2008. Viscera is preserved. It has been next submitted that there has been no recovery of any incriminating article from the pointing out of the possession of the appellant. The appellant is in jail since 5.7.2008.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, we are of the opinion that the appellant is entitled to be released on bail.
Let the appellant Tribhuwan Yadav, convicted and sentenced in S.T. No. 346 of 2008, under Section 302, 392 I.P.C. arising out of Case Crime No.870 of 2002, P.S. Gulharia, District Gorakhpur be released on bail on his furnishing a personal bond with two heavy sureties (one should be of family member) each in the like amount to the satisfaction of the court concerned.
The hearing of the appeal is expedited.
Office is directed to prepare the paper book within one year.
List thereafter the appeal before the appropriate Bench for final hearing.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 22.2.2018/Deepika