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2019 Supreme(All) 2486

ANIL KUMAR, VIKAS KUNVAR SRIVASTAV
Tulsi Ram – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ram Chandra Verma, Lalla Ji Maurya, Pankaj Kumar Tripathi and Subodh Kumar Misra

ORDER :

1. Heard learned counsel for the appellant and learned A.G.A. appearing for the State.

This is the second bail application while the first bail application has been rejected vide order dated 20.07.2016.

2. The appellant has been convicted by judgment and order dated 17.01.2013 passed by learned Additional Session Judge, Court No. 7, Sitapur in Sessions Trial No. 885/2010 arising out of Case Crime No. 149/2010, under Sections-498-A, 302, I.P.C., relating to Police Station-Mahmodabad, District Sitapur.

3. Learned counsel for the appellant-applicant while pressing the bail application moved on behalf of the appellant-applicant submits that appellant-accused is in jail nearly 9 years and there is no likelihood that the appeal may be heard in near future.

4. So taking into consideration the said facts as well as the fact that the PW-1, the author of the F.I.R. the father of the deceased in his statement stated that on the date of incident, the appellant-accused is working with him in his field and after hearing news of death, he along with him went to the place where deceased was found dead. So taking into consideration the said facts, he may be enlarged on bail.

5. Learned A.G.A. whi

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