- (1.) Since both the aforementioned criminal appeals arise out of a common judgment and order, the prayer for bail in both the appeals is being heard and disposed of by a common order. Written objections filed on behalf of the State is taken on record. Heard learned Counsel for the Appellants, learned A.G.A. for the State and perused the trial court judgment and record.
(2.) It is argued by learned Counsel for the Appellants that incident in question took place near the gas go down in village Girdharpur on 16.1.2004 at 7:00 p.m. The report was lodged by Giriraj Singh, brother of the deceased, at 8:15 p.m. the same day. In that report, he mentioned that two deceased Radha Charan and Durga Seth were going on a motorcycle and they were shot at by some unknown persons at the place of incident. Next day i.e. on 17.1.2004 at 12:45 p.m. a typed report was given by Tejpal, the son of the deceased Radha Charan wherein he mentioned that he was going on another motorcycle and now he nominates the Appellants and one Bhuri, who died during trial, as having committed this crime. He stated that out of fear, he did not make this disclosure earlier. The version given by P.W.4 Giriraj Singh is completely different from the description of the incident, as mentioned by P.W. 1 Tejpal and other witnesses namely Raghuveer Singh P.W.2 and Phool Singh P.W.3, who are closely related to the deceased. The Appellants were on bail during trial and they never misused the bail.
(3.) Per contra, learned A.G.A. opposed the prayer for bail and tried to support the trial court judgment.;