Allahabad High Court
Nandkishore @ Kallu & Another vs State Of U.P. on 9 July, 2010
Bench: Amar Saran, Yogesh Chandra Gupta
Court No. - 46 Case :- CRIMINAL APPEAL No. - 1555 of 2010 Petitioner :- Nandkishore @ Kallu & Another Respondent :- State Of U.P. Petitioner Counsel :- G.R.S. Pal,Gajraj Singh Respondent Counsel :- Govt. Advocate,Kameshwar Singh Hon'ble Amar Saran,J.
Hon'ble Yogesh Chandra Gupta,J.
Heard learned counsel for the appellants, Shri Kameshwar Singh, learned counsel for the complainant and learned Additional Government Advocate and perused the record of the case.
It is argued by the learned counsel for the appellant that the role of firing on the deceased-Bhupat Singh by firearm was assigned to the appellant-Nand Kishore alias Kallu. So far as the other accused Daya Ram alias Bhikari Pal is concerned, he is only said to have exhorted and it is argued that the evidence of exhortation is an exaggerated .
Per contra, learned counsel for the complainant and learned opposed the prayer for bail.
Having considered the submissions of the parties and without expressing any opinion on the merits of the case, we are not inclined to grant bail to the appellant Nand Kishore alias Kallu. His prayer for bail is refused.
However, so far as the other appellant Daya Ram alias Bhikari is concerned, he is entitled to bail.
Let the appellants Daya Ram alias Bhikari Pal, convicted and sentenced in ST No. 90 of 2007, under sections 302, 302/34 and 504 IPC, PS Jaspura, district Banda, 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.
Order Date :- 9.7.2010 Ishrat