JUDGMENT : Saumitra Dayal Singh, Vinod Diwakar, JJ. 1. Heard Shri Prakash Chandra Srivastava, learned counsel for the appellant in Criminal Appeal No.9732 of 2022 (Pradeep And Another v. State of U.P.), Shri Sudhanshu Pandey, learned counsel for the appellant in Criminal Appeal No.10250 of 2022 (Rohit v. State of U.P.), and Sri Patanjali Mishra, learned AGA for the State. 2. The present bail application has been filed on behalf of the appellants Pradeep, Pandit @ Chhotu and Rohit with a prayer to suspend the sentence and to release them on bail in Sessions Trial No.24 of 2003 (State Vs. Rohit and others), arising out of Case Crime No.106 of 2001, under Sections 302, 201 IP.C, Police Station Paniyara, District Mahrajganj and the maximum sentence awarded to them is life imprisonment. 3. Submission is, the prosecution story is truthful only as to the unnatural death of the deceased. As to the implication of the present appellants and their conviction, there is absolutely no direct or circumstantial evidence. There is no last seen account and there is no recovery made. Only the appellants are described to have borrowed a rope from the first informant about nine days prior to the occurrence. On that fact statement and in view of the involvement of a rope to strangulate the deceased, the prosecution story emerged against the appellants. In any case, the prosecution witnesses turned hostile at trial. Yet order of conviction has arisen on the basis of circumstantial evidence. 4. On the other hand, learned AGA would submit, that the rope has been identified by the first informant. 5. Having heard learned counsel for the parties and having perused the record. Issue being advanced as to lack of evidence requires serious consideration in absence of motive. At present, it is noted that the appellants were on bail during trial. Yet they have remained confined more than two years. 6. Accordingly, without recording any final conclusions at this stage, the bail applications are allowed. 7. Let the appellants - Pradeep, Pandit @ Chhotu and Rohit convicted and sentenced in the abovementioned sessions trial be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned.
7. Let the appellants - Pradeep, Pandit @ Chhotu and Rohit convicted and sentenced in the abovementioned sessions trial be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned. On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on record. 8. Realization of 50% fine shall remain stayed during the pendency of present appeal. Remaining 50% of fine shall be deposited by the appellant within a month of his release. Order on Appeal 9. Let paper books be prepared within a period of two months. 10. List for hearing in due course.