Advocates:
['UPENDRA KUMAR SINGH', '', 'SHIV NARAIN SINGH', 'RISHI KANT RAI', 'RAKSHA CHAUHAN', 'G A', '', 'YASHPAL YADAV']

Court No. - 51

Case :- CRIMINAL APPEAL No. - 2759 of 2017

Appellant :- Lala Alias Satyendra Singh

Respondent :- State Of U.P.

Counsel for Appellant :- Upendra Kumar Singh,Rishi Kant Rai

Counsel for Respondent :- G.A.,Yashpal Yadav

Hon'ble Vipin Sinha,J.

Hon'ble Chandra Dhari Singh,J.

Counter affidavit filed today is taken on record.

Heard Sri S.N.Singh,learned counsel for the appellant, Sri Yashpal Yadav,

learned counsel for the complainant and Sri V.K.Pandey, learned A.G.A.

for the State and perused the record.

Contention of the learned counsel for the appellant is that the appellant

Lala alias Satyendra Singh has been named in the first information report

along with three other persons and the first information has been lodged

by the first informant in his capacity as an eye witness nevertheless

reliance has been placed on the testimony of P.W.3 Shyama Devi, mother

of the first informant 'Lala urf Satyendra ne mere larke Virendra per

chaku se war kiya tha. Ye mai nahi janti ki kitne war kiye.

The contention is with reference to testimony that specific role of assault

of knife upon Virendra Singh has been assigned to the present applicant.

The deceased had received one gunshot entry wound and one gunshot exit

wound on chin which has been explained by Doctor having been caused

by blunt object. Reliance has been placed on the testimony of P.W.1

Devenera Singh, who in his testimony says that 'mere pitaji ko Gyan

Singh ne chaku se bhonk bhonk kar mara tha mere bhai Virendra Singh ko

Lala urf Satendra Singh ne chaku se bhoank bhonk kar mara tha.'

Again contention has been raised with reference to injuries as caused by

Lala alias Satyendra Singh. The contention is that said witnesses are not

credible and then testimony cannot be relied for convicting the appellant.

The appellant is in jail since 03.05.2010 with no criminal history.

Learned counsel for the complainant submitted that the appellant was

absconding from ten months.

Learned A.G.A. and learned counsel for the complainant have strongly

opposed the prayer for bail.

Without expressing any opinion on the merits of the case, let the appellant-

Lala alias Satyendra Singh convicted and sentenced in S.T. No.870 of

2010 arising out of case crime no.430 of 2009, u/s

302,307,147,148,149,452 and 324 IPC, PS Bidhnoo, District Kanpur

Nagar 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.

Fifty percent of the fine shall be deposited by the appellant within a period

of one month from the date of his release and balance fifty percent of fine

shall remain stayed during the pendency of this appeal. In case of default

in depositing fifty percent of fine within the aforesaid period, the same

shall be recovered in accordance with law.

Since the lower court record has been received, the hearing of this appeal

be expedited under Chapter-VIII Rule 33A of the Rules of Court.

Let the paper books be prepared within three months and thereafter the

appeal be listed for hearing before the appropriate Bench.

Order Date :- 20.3.2018

Asha