Chotey Lal vs State of U.P.

Heard Sri Prince Lenin, the learned Counsel for the appellant and Sri Umesh Chandra Verma, the learned Counsel for the State on request for bail in this Crl. Appeal. Learned Single Judge has directed that the request for bail be laid before Division Bench.

The occurrence is said to have taken place at about 7.00 p.m. outside village Abadi while the lady had allegedly gone to ease herself. Amongst the witnesses so examined in Court, both the witnesses are sons of the deceased. Learned Counsel for the appellant has submitted that firstly the appellant with whom the lady was living in the house since long, had no reason to kill and Secondly, probably, the Crime was committed in dark hours of the night. It is also said that the appellant is aged about 60 years and is in jail since 2001. Attempt has also been made to point out certain discrepancies in the prosecution case.

Learned Counsel for the State has opposed.

We are of the view that the appellant can be enlarged on bail.

Let he be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the C.J.M. concerned.