Allahabad High Court
Ram Kesh vs State Of U.P. on 13 March, 2018
Bench: Ramesh Sinha, Krishna Pratap Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL APPEAL No. - 1449 of 2013 Appellant :- Ram Kesh Respondent :- State Of U.P. Counsel for Appellant :- Agni Pal Singh,Kundan Kumar,Pratima Singh,Qazi Vakil Amad Counsel for Respondent :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Hon'ble Krishna Pratap Singh,J.
Criminal Misc. IInd Bail Application No. 162112 of 2014 Heard Sri Qazi Vakil Ahmad, learned counsel for the appellant, Sri Rajesh Kumar Mishra, learned AGA for the State and perused the record.
This is the second bail application filed on behalf of the appellant.
The first bail application of the appellant has been rejected by another Bench of this Court consisting of Hon'ble Ravindra Singh, and Hon'ble Anil Kumar Agarwal,JJ. (as they were then), vide order dated 22.10.2013.
It is submitted by learned counsel for the appellant that there are three accused persons including the present appellant out of which one of them had committed suicide and other co-accused has absconded. It is further submitted that only general allegation has been levelled against the present appellant to hit the deceased with bricks and hard blunt object. It is further submitted that the main role were assigned to other accused persons to hit the deceased and the deceased died on account of ante-mortem injuries which hit on the head of the deceased appears to be fatal one. The appellant is languishing in jail since 05.05.2010.
Learned A.G.A. opposed the prayer for bail.
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 Ram Kesh, convicted and sentenced in S.T. No. 35 of 2011 (State vs. Ramkesh) arising out of case Crime No. 235 of 2010, under Sections 302, 295, 295-A, 379, 511 I.P.C., Police Station Moosa Nagar, District Kanpur Dehat 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.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record (Krishna Pratap Singh,J.) (Ramesh Sinha,J.) Order Date :- 13.3.2018 A.K.Verma