Kallu @ Dhani Ram Rawat vs The State of U.P.

Heard Learned Counsel for the applicant-appellant and learned Additional Government Advocate on aforesaid application for bail moved u/s 389 Cr.P.C. in appeal.

Appellant-Kallu alias Dhani Ram Rawat is convict of Sessions Trial No. 352 of 2004. He has been convicted under Sections 302/34 and 201 IPC and sentenced for maximum term of life imprisonment with fine stipulation vide judgment and order dated 29.07.2009 passed by learned Additional Sessions Judge, Court No. 10, Barabanki.

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. As the persecution story goes, a headless body was recovered on 27.01.2004. The head was recovered on 28.01.2004, which was recognized to be head of Manoj Kumar. The accused persons were arrested on 31.01.2004 and on their pointing out, Banka was recovered. Thus, there is only evidence of recovery of Banka from an open place and the case rests on circumstantial evidence. 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.

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-Kallu alias Dhani Ram Rawat, convict of above mentioned Sessions Trial, 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 and remaining half fine shall be deposited by the appellant 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 to be preserved in the appeal.