Court No. - 1
Case :- CRIMINAL APPEAL No. - 3327 of 2008 Appellant :- Rahul Respondent :- State Of U.P.
Counsel for Appellant :- Atul Sisodia,Fameesh Mishra,Istiyaq Ali,Rajeev Sisodia,Veer Singh Counsel for Respondent :- Govt. Advocate,J.P.S Chauhan
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Criminal Misc. IInd Bail Application No. 41867 of 2015 Heard Sri Istiyaq Ali, learned counsel for the appellant, Sri Ashish Pandey, learned AGA for the State and perused the record.
The first bail application of the appellant has been rejected by another Bench of this Court consisting of Hon'ble Dharnidhar Jha, and Hon'ble Yogesh Chandra Gupta,JJ. (as they were then), vide order dated 29.10.2012.
This is the second bail application filed on behalf of the appellant.
The new ground which has been argued by learned counsel for the appellant is that there was no motive to commit crime with the co-accused Pramod as family members of Pramod were murdered by the uncle of the deceased, PW-2 Shaunath was an eye witness of the said murder. He has further submitted that the deceased was murdered in the house of the Pramod and the appellant has been falsely implicated in the present case. The appellant is languishing in jail since the date of judgment.
On the other hand learned AGA has vehemently opposed the prayer for bail and submitted that the first bail application of the appellant was rejected by another coordinate Bench of this Court on merits. It is further submitted that the country made pistol was recovered from the appellant and the gun shot injuries were found on the body of the deceased. Hence the appellant is not entitled to be released on bail.
Without expressing any opinion on the merits of the case and considering the submissions advanced, we do not find any good ground to enlarge the appellant on bail.
The bail application of the appellant Rahul, convicted and sentenced in S.T. No. 316 of 2014 arising out of case Crime No. 346 of 2004, under Sections 302/34, 307/34 I.P.C. & 25/27 Arms Act, P.S. Kotwali City, District Bijnor is, accordingly, rejected.
The hearing of the appeal is expedited.
Office is directed prepare the paper book within six months.
Thereafter list this matter before appropriate Bench for final hearing in due course.
(Krishna Pratap Singh,J.) (Ramesh Sinha,J.) Order Date :- 22.2.2018 A.K.Verma