Court No. - 51
Case :- CRIMINAL APPEAL No. - 4666 of 2014 Appellant :- Surendra Kumar Respondent :- State Of U.P.
Counsel for Appellant :- S.P. Sharma,Kartikeya Saran Counsel for Respondent :- Govt.Advocate,Km. Rachna Tiwari
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard Sri Gaurav Kakkar, Advocate at great length in Criminal Appeal No. 4666 of 2014 on behalf of appellant Surendra Kumar.
Learned counsel for the appellant submitted that its a case of sudden provocation whereas single shot has been fired and there is previous enmity between the parties.
Sri Yogeshwar Rai, learned A.G.A. has strongly opposed the bail application with the contention that long period of incarceration in jail is not ground for bail. Sri Yogeshwar Rai, learned A.G.A. contended that appellant is a trained police personnel, the incident is happened in premises of police station. The deceased is poor old lady who was only using abusive language and thus by itself will not entitle the trained police personnel to fire a shot with licence weapon while he was on duty. There is also dying deceleration the copy of which is produced before the Court. No case for grant of any indulgence has been made out.
Accordingly, the prayer for bail is rejected. Order Date :- 24.9.2018 Swati