Gaya Prasad vs State of U.P.

Heard learned Counsel for the applicants-Appellants and the learned Additional Government Advocate for the State.

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

It is a case where Appellants have been convicted in Sessions Trial No. 184 of 2007 u/s 302/34 IPC, P.S. Kotwali Bikapur, District Faizabad vide judgment and order dated 3.11.2010 passed by VII Ith Additional District and Sessions Judge, Faizabad and sentenced to maximum term of life imprisonment with fine stipulation.

The learned Counsel for the applicants-Appellants argued that it is a case of circumstantial evidence and chain of circumstances is not complete. It has been argued that the prosecution witnesses, who have seen the deceased going with the accused ultimately termed hostile. Thus the case relates to circumstantial evidence and chain of which is not complete. It has been further submitted that the Appellants were on bail during course of trial and they did not misuse the liberty of bail granted to them and the appeals may take long time to reach to logical conclusion.

Taking into consideration the overall aspects of the matter and without commenting any further on merits of the case, we find it a fit case for bail.

Let the applicants, Gaya Prasad, Ram Bhawan @ Daroga and Vijai Sen convicts of aforesaid sessions trial number be released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate concerned.

The realization of half of the fine is stayed and remaining half of the fine shall be deposited by the applicants within one month from the date of their release on bail. The court below is directed to transmit to this Court forthwith photocopies of bond and sureties filed by applicants to be preserved in the record maintained here.