SURJA AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) Learned counsel for the appellants states that he has given notice in writing to Sri. Shashi Kant Rai, learned counsel for the complainant but he has chosen not to appear in the Court. Copy of the said notice filed by the learned counsel for the appellants is taken on record.

(2.) On the other hand learned A.G.A. argued that from the place of incident the knife recovered by the Investigating Officer did not correspond in size with the injury of the deceased, and he has stated that he had not found any cut on the door. Learned counsel for the appellants replied that no suggestion was given to the witnesses P.W. 2 and P.W. 5 Ashok that his averment that he cut the door was incorrect, or that the appellant Kiran had not called Ashok to cut the door, as she was afraid that the deceased was trying to commit suicide.

(3.) Considering all the facts and circumstances of the case and without expressing any opinion on the merits of the case we find it a fit case for bail. Let the appellants Smt. Surja, Km. Kiran, Km. Malti and Sahawoo convicted on 4.11.2010 by Addl. Sessions Judge/F.T.C., Sant Kabir Nagar in S.T. No. 89 of 2009. State v. Smt. Surja and others, be released on bail on each of them furnishing a personal bond with two sureties each in the like amount to the satisfaction of Court concerned.