Waris vs State of U.P.

Heard Shri Rakesh Kumar Tripathi, learned counsel for the appellant, and learned Additional Government Advocate on this application moved u/s 389 Cr.P.C. with respect to prayer for bail in pending appeal.

This appeal has been preferred by appellant Waris against judgment and order dated 24.09.2009 passed by the Additional Session Judge, Court No. 2, Sitapur in Sessions Trial No. 202 of 2002 whereby the appellant has been convicted under Sections 302/34 and 201 IPC read with Section 3(2)(5) SC/ST and has been sentenced for maximum term of life imprisonment with fine stipulation.

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

It comes out that one Ram Gopal Raidas, husband of complainant (Smt. Kamala Devi) is said to have been killed by the appellant and three other accused persons and his dead Body was thrown on the railway track. Four persons i.e. Shamshad, Munnu alias Munna, Waris and Baburam came to the house of Ram Gopal Raidas (deceased) and had a talk with him. On the next day again they came to his house and took him along with them on the pretext that they are going to Biswan Bazar. Thereafter Ram Gopal Raidas was not seen and his dead Body was recovered on the Railway line. Postmortem was conducted on 30.09.2001 and the FIR was lodged in the month of December, 2001. It has been argued by the learned counsel for the appellant that the incident is of the month of September, 2001 i.e about three months earlier of which FIR was lodged on 04.12.2001 by P.W.-1, Smt. Kamla Devi. From the Statement of P.W. 1, it comes out that the accused persons had participated in the last rites of Ram Gopal. It has also been argued that it is a case of circumstantial evidence and the FIR is highly belated.

It is also stated that the appeal is of the year 2010 and it will take considerable long time for reaching to its logical conclusion.

Taking into consideration the over all aspect of the matter and without entering further into merit of the case, we find it a fit case for bail.

Let appellant Waris, convict of aforesaid sessions trial, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate concerned.

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

The Chief Judicial Magistrate concerned is directed to transmit to this Court photocopies of bond and sureties filed by the appellant to be preserved in the record maintained here.