Court No. - 51
Case :- CRIMINAL APPEAL No. - 2583 of 2015 Appellant :- Gaurav Alias Saurabh Alias Bittu Respondent :- State Of U.P.
Counsel for Appellant :- Lav Srivastava,Anshul Tiwari,V.P. Srivastava Counsel for Respondent :- Govt.Advocate,Alkesh Singh Chauhan
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Anshul Tiwari, learned counsel for the appellant and Sri Mohd. Nadeem, learned A.G.A. appearing for the State.
The contention of Sri V.P. Srivastava learned Senior Advocate is to the effect that the first informant is not an eye witness and the name was disclosed on the information received from Promod Kumar and Vipin Kumar who were examined as PW-2 and PW-
3. The contention of Sri V.P. Srivastava is that in the first information report Gaurav along with some other persons were named. Much reliance has been placed on the testimony of PW- 1 and it has also been contended that PW-2 and PW-3 both are chance witnesses.
Sri Nadeem, learned A.G.A. has strongly opposed the bail application that PW-2 and PW-3 both are consistent witness and as far as Gaurav is concerned and there are number of incise wound on the body of the deceased. No case for grant of indulgence has been made out.
Accordingly, the application for bail is rejected. Order Date :- 24.9.2018 Swati