Allahabad High Court
State Of U.P. vs Chandrakesh Yadav & Others on 2 August, 2016
Bench: Shashi Kant Gupta, Shashi Kant
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- GOVERNMENT APPEAL No. - 4118 of 2009 Appellant :- State Of U.P. Respondent :- Chandrakesh Yadav & Others Counsel for Appellant :- Govt. Advocate Hon'ble Shashi Kant Gupta,J.
Hon'ble Shashi Kant,J.
Heard learned A.G.A. for the State appellant/applicant and perused the material on record.
This application has been filed by the State appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 03.02.2009, passed in Sessions Trial No. 133 of 2004 (State Vs. Chandrakesh Yadav & Others), arising out of Case Crime No. 388/2002, under section 307/34 IPC, P.S. Dohari Ghat, District Mau by the learned Additional Sessions Judge/FTC No. 2, Mau whereby the accused respondents have been acquitted for the offence punishable under the sections referred to above.
From the perusal of judgement and evidence, it appears that the findings of acquittal require reconsideration. Therefore, leave to appeal is granted.
The application is allowed.
Accordingly, the Government Appeal is admitted.
Summon the record.
Issue bailable warrants to the accused-respondents through CJM concerned returnable within four weeks from today. In case the accused-respondents are arrested or appear before the court of CJM concerned, they may be released on bail upon furnishing personal bond of Rs. 20,000/- and two sureties each in the like amount to the satisfaction of the Magistrate concerned and further on the undertaking that they shall appear before this Court on 3.10.2016.
List on 03.10.2016.
On the said date accused respondents shall remain present before this Court.
Order Date :- 2.8.2016 Monika