Court No. - 51
Case :- CRIMINAL APPEAL No. - 2453 of 2017 Appellant :- Nitin Chaturvedi Respondent :- State Of U.P.
Counsel for Appellant :- Anurag Shukla Counsel for Respondent :- G.A.,Ram Om Vikram Singh Chauh
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard 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 28.02.2017 passed by the trial court convicting the appellant.
Learned counsel for the appellant contended that the appellant has been falsely implicated in the present case. The important witness has not been examined, the presence of the Kishor Shukla is doubtful at the place of occurrence. The investigating officer PW-5 has given different versions.
Learned AGA has opposed the prayer for bail with the contention that the eye witness account is present and as many as 6 gun shot injuries on the body of the deceased were found and PW-3 and PW-5 have been consistent in their statement. Even the call received from Deepak informing the police at 100 has been explained. Further contention is that the recovery of mobile and recovery of tamancha have been clearly elaborated by the trial Court.
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.
In view of the fact that the appellant is in jail since 21.12.2011, the hearing of the appeal be expedited under Chapter-VIII Rule 33A of the Rules of Court.
Let the paper book be prepared within two months from today and thereafter appeal be listed for hearing before appropriate Bench.
Order Date :- 13.9.2018 Ram Chander