Ganesh and Another vs State of U.P.

Heard learned counsel for the applicant-appellant and learned Additional Government Advocate on the above-mentioned second application for bail moved u/s 389 Cr.P.C. in appeal.

Appellant-Dinesh is convict of Sessions Trial Nos. 187 of 1996 and 188 of 1996. He has been convicted under Sections 147, 302/149 and 201 IPC for maximum term of life imprisonment with fine stipulation vide judgment and order dated 28.05.2007 passed by learned Sessions Judge, Barabanki

We have gone through the judgment as well as record of lower court.

It is admitted to the learned counsel for the parties that the case rests on circumstantial evidence.

Learned counsel for the appellant has taken us through the prosecution evidence and has argued that the chain of circumstances led by the prosecution is not complete and the evidence on record does not unerringly establish that the circumstances proved lead to one and the only conclusion towards the guilt of the accused. He, thus, argued that in the facts and circumstances of the case, the appellant is entitled to be enlarged on bail during pendency of the appeal.

Learned Additional Government Advocate could not argue anything to dislodge the submissions of the learned counsel for the appellant except that case of appellant-Dinesh is quite distinguishable from the case of accused-Ganesh and the same is not before us.

Having gone through the prosecution evidence and having given our anxious consideration to the entire facts and circumstances of the case, we are of the view that the appellant may be enlarged on bail.

Let appellant-Dinesh, convict of above mentioned Sessions Trials, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Barabanki.

Realization of half of the fine is stayed. Remaining half fine shall be deposited by appellant-Dinesh within one month from the date of his release on bail.

Learned Magistrate shall transmit to this Court photocopies of the bail and surety bonds furnished by the appellant-Dinesh to be preserved in the appeal.