Court No. - 36
Case :- CRIMINAL APPEAL No. - 4547 of 2014
Appellant :- Sanjay Yadav
Respondent :- State Of U.P.
Counsel for Appellant :- J.P. Tripathi,Kamlesh Kumar Tripathi
Counsel for Respondent :- Govt.Advocate,Anchit Ranjan Singh,Ramesh Singh
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Crl. Misc. Bail Application No. 391036 of 2014.
Heard Sri Jay Prakash Tripathi, learned counsel for the applicant/appellant, Sri Ramesh Singh, learned counsel for complainant and Sri Ashish Pandey, learned A.G.A for the State.
Learned counsel for the applicant/appellant submitted that the appellant is said to have fired shot on the deceased who died on the spot. He further submitted that there is no evidence which may corroborate the use of fire arm by the applicant/appellant. He further submitted that the applicant/ appellant has been falsely implicated in the present case. He has no criminal history. The applicant/appellant is in jail since 17.8.2009.
Learned counsel for the complainant has vehemently opposed the prayer for bail and submitted that the minor boy aged about 13 years has shot fired by the applicant/appellant on the body of the deceased and the father of the applicant/appellant has criminal history and under the police protection the trial may be conducted and the proper security may also be provided to the witness of the occurrence.
The bail application of the applicant/appellant Sanjay Yadav, involved in S.T. No.197 of 2010 arising out of case Crime No.315 of 2009, under Section 302/34 I.P.C, police Station Bhognipur, District Kanpur Dehat is, accordingly, rejected.
The hearing of the appeal is expedited.
Office is directed to prepare the paper book within six months. List the appeal before the appropriate Bench for final hearing.
( Rekha Dikshit,J) (Ramesh Sinha, J)
Order Date :- 19.4.2017 G.S