The Allahabad High Court has granted bail to Raj Bahadur Bind, who has been imprisoned for 13 years for the stabbing murder of a youth in Saray Inayat, District Allahabad.
The Division Bench of Justice Ashwani Kumar Mishra and Justice Gautam Chowdhary passed this order while hearing a Criminal Appeal filed by Raj Bahadur Bind.
The bail/suspension of the sentence application has been preferred on behalf of accused appellant-Raj Bahadur Bind, who has been convicted in Sessions Trial under Sections 302, 504, 506(2) & 452 IPC and Section 4/25 Arms Act, arising out of Case P.S Saray Inayat, District Allahabad and the maximum sentence awarded to him is life imprisonment.
As per the prosecution case, while informant’s nephew (bhanja) was crossing the house of the accused appellant, he started hurling abuses on account of previous enmity and by chasing the deceased inside of the house of the informant, the deceased was caused multiple stab wounds by the accused, as a result of which he died.
Counsel for the appellant contends that the accused appellant has no criminal history and has already undergone incarceration for more than 13 years.
It is then submitted that the prosecution story is not credible and reliable inasmuch as various injuries are found around the male organ of the deceased and in the opinion of the doctor, the deceased was assaulted, while he was naked. The dead body otherwise has been recovered inside the house of the informant.
The doctor has also found no cuts on the clothes worn by the deceased. Submission is that appeal raises triable issues and since hearing of the appeal may take sufficiently long, as such, the accused appellant be enlarged on bail.
A.G.A opposes the bail application, but the factum of long incarceration undergone by the accused appellant is not disputed.
“In that view of the matter, considering the long period of incarceration undergone by the accused appellant; appeal raises triable issues; the fact that accused appellant has no criminal history; hearing of the appeal may take some more time, without further commenting upon the merits of the case, we are of the view that the appellant/applicant-Raj Bahadur Bind is entitled to be released on bail,” the Court observed while allowing the bail application.
The Court ordered that,
Let the accused applicant/appellant -Raj Bahadur Bind be released on bail in the above case on furnishing personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned, subject to furnishing undertaking that he will cooperate in the hearing of the appeals.
Fine shall be deposited within six weeks after release.
The post Allahabad High Court grants bail to man jailed for 13 years for murder appeared first on India Legal.