Court No. - 51
Case :- CRIMINAL APPEAL No. - 1688 of 2017 Appellant :- Mahendra Singh Respondent :- State Of U.P.
Counsel for Appellant :- V.S. Singh,Ray Sahab Yadav,Vishwajeet Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Abhai Kumar,J.
Ref:- Criminal Misc. Bail Application No.106963 of 2017 Counter affidavit filed today by the State is taken on record.
Heard Sri V.S. Singh, learned counsel for the appellant and the learned AGA for the State on the bail application moved on behalf of accused – appellant.
In the present case bail is being sought in appeal against the order of conviction.
We have perused the judgment and order dated 21.3.2017 passed by the trial court convicting the appellant.
Learned counsel for the appellant contended that four persons including the appellant was named in the FIR. It is contended that appellant has been assigned the role of causing injury by the axe. He further contended that injuries as shown could not be caused by the axe, which may be caused by the knife.
Learned AGA has opposed the prayer for bail with the contention that the testimony of PW-1 and PW-2 is absolutely consistent specific role has been assigned to the applicant and the deceased has received 8 injuries which were caused by axe.
In view of the aforesaid facts and circumstances, we do not find it a fit case for bail. The bail application moved on behalf of appellant is hereby rejected at this stage.
Order Date :- 28.2.2018
AK Pandey