Court No. - 1
Case :- CRIMINAL APPEAL No. - 5766 of 2016
Appellant :- Shrikant Tyagi
Respondent :- State Of U.P.
Counsel for Appellant :- Imran Mabood Khan,Anil Kumar Tyagi,Nitin Gupta
Counsel for Respondent :- G.A.,Gaurav Pundir,Sushil Kumar Pandey
The incident has taken place in the broad day light at about 7.00 a.m.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Order on Crl. Misc. Bail Application No.350490 of 2016 Heard Sri Anil Kumar Tyagi, learned counsel for the appellant, learned AGA for the State and perused the record.
Learned counsel for the appellant submits that the injuries received by the injured were muscle deep and no organ of the injured was damaged. He next submitted that the appellant is innocent and has falsely been implicated in the instant case. The appellant was on bail during trial, but he did not misuse the liberty of bail granted to him. The appeal is not likely to be heard in near future.The trial court has misread the evidence on record and wrongly convicted the appellant. After conviction, the appellant is in jail since 05.03.2014.
Learned A.G.A. vehemently opposed the prayer for bail and submitted that the injured-Brajpal's daughter was being teased by the appellant, who was studying in Class-XII in Subharti University, Meerut. He next argued that seat of injury the vital part of the body in which weapon used is deadly. Specific role of firing has been assigned by the injured himself to the appellant.
Without expressing any opinion on the merits of the case and considering the submission advanced, we find no good ground for grant of bail to the appellant-Shrikant Tyagi convicted and sentenced in S.T. No.715 of 2014, State vs. Shrikant Tyagi, under Section 307 I.P.C., Police Station Civil Lines, DistrictMuzaffar Nagar.
Accordingly, the bail application is rejected.
The hearing of the appeal is expedited.
Office is directed to prepare the paper book and list the appeal on 09.04.2019, for final hearing before appropriate Bench.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 27.11.2018 m.a.