RAKESH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Shri Anil K. Tripathi, learned counsel appearing for applicant appellant, and learned Additional Government Advocate on the prayer for bail made by means of moving aforesaid application under Section 389 Cr.P.C. Appellant -Rakesh Yadav is convict of Sessions Trial No. 451 of 2001. He has been convicted under Section 302/34 IPC vide judgment and order dated 20.02.2010 passed by learned Additional Sessions Judge/F.T.C. Room No. 10, Pratapgarh and sentenced for maximum term of life imprisonment with fine stipulation.

(2.) WE have gone through the judgment and record of lower court.

(3.) IT has been submitted that only role assigned to appellant -Rakesh Yadag is of catching hold leg of the deceased; fatal injuries of axe (Kulhari) blows were inflicted on the deceased by Shanker Lal; coconvict Nangan Yadav has already been directed to be released on bail vide order dated 23.12.2010 passed by this Court in Criminal Appeal No. 683 of 2010; case of the appellant lies on same footing as that of coconvict Nangan Yadav; appellant was on bail during the course of trial and he did not misuse liberty of bail granted to him and appeal will take considerable long time for reaching on its logical conclusion.