Vijay Kumar @ Vijay Prakash vs State of U.P.

Since these three appeals arise out of one and the same judgment, the same are being taken up together for the purpose of consideration of bail in pending appeal.

Heard learned Counsel for the applicants-Appellants as well as learned Additional Government Advocate with respect to prayer for bail in pending appeal which has been preferred by the Appellants, namely, Vijay Kumar alias Vijay Prakash, Ram Kishore alias Guddi, Ashwani Kumar alias Jokhai, Kallu Ram and Kamal Kishore alias Kamloo against judgment and order dated 12.08.2008 passed by learned Additional Sessions Judge, Court No. 3, district Kheri in Sessions Trial Nos. 08 of 2001 whereby they have been convicted under Sections 364, 302/34 & 201 IPC and sentenced for maximum term of life imprisonment with fine stipulation.

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

It has been emphasized by learned Counsel for the Appellants initially FIR was lodged by complainant Suresh Chandra Shukla (PW-1) with respect to missing of his son Satya Prakash as it comes out from Exhibit Ka-15, but when the body of his son was recovered on 20.09.2000 at about 06.30 pm, Sections 364, 302/34 & 201 IPC had also been added against unknown persons.

Emphasis has been laid that till 20.09.2000 there was not a whisper that the present Appellants were involved in commission of the present crime. On the contrary learned Counsel for the State has drawn attention of the Court towards Exhibit Ka-2 which was prepared on the same day i.e. 20.09.2000 at about 05.50 pm wherein description of the Appellants finds place, as such, argument advanced by learned Counsel for the Appellants is that there is something fishy in the case for the reason that after recovery of body of the deceased at about 06.30 pm in Exhibit Ka-16 while Sections 302/34 & 201 IPC were added, but the name of Appellants did not find place and the case was registered against unknown persons. It is submitted that the prosecution has not been able to explain as to how in Exhibit Ka-2,which was prepared on the same day at about 05.50 pm., name of the Appellants was mentioned. It is submitted that this puts a dent in the prosecution story.

It has further been argued that the Appellants were on bail during the course of trial and they did not misuse the liberty of bail granted to them. It has also been submitted that the appeals will take considerable long time for reaching on their logical conclusion.

No doubt it is a case of circumstantial evidence and prima facie, the prosecution has not been able to prove its case beyond reasonable doubt.

Taking into consideration the overall aspect of the matter, we are of the view that the Appellants, namely, Vijay Kumar alias Vijay Prakash, Ram Kishore alias Guddi, Ashwani Kumar alias Jokhai, Kallu Ram and Kamal Kishore alias Kamloo are entitled for bail.

Accordingly, we direct that the Appellants, namely, Vijay Kumar alias Vijay Prakash, Ram Kishore alias Guddi, Ashwani Kumar alias Jokhai, Kallu Ram and Kamal Kishore alias Kamloo, convicts of the aforesaid sessions trial, 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, Kheri.

Realization of half of the fine is stayed and remaining half of the fine shall be deposited by the Appellants within one month from the date of their release on bail.

Court below is directed to transmit to this Court copies of bond and sureties filed by the Appellants to be preserved in the record maintained here.