Chunna vs State Of U.P.
2012 Latest Caselaw 1858 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- BAIL No. - 8900 of 2011
 

 
Petitioner :- Chunna
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Vivek Manishi Shukla
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Vishnu Chandra Gupta,J.

Counter affidavit has been filed by the learned A.G.A. and rejoinder affidavit has been filed by the counsel for the applicant.

Heard learned counsel for both the sides and perused the material available on record.

The applicant Chunnu is involved in Case Crime No. 3204/2011, under sections 457, 380, 411 I.P.C., P.S. Kotwali Lakhimpur, District - Lakhimpur Kheri.

It is submitted by the learned counsel for the applicant that the rifle and gun which is alleged to have been  recovered on the pointing out of the present applicant and other co-accused  is a joint recovery . Mobile was recovered from the co-accused. It is further submitted that there is no independent and public witness of such recovery and arrest. The applicant has been falsely implicated in this case.

Learned A.G.A.  submits that applicant has long criminal history. There is nineteen cases including the present case against the the applicant and most of the cases are of theft. It is also submitted by the A.G.A that licenced rifle and gun were recovered on the pointing out of applicant, which cannot be planted.

Considering facts and circumstances of the case and arguments advanced by learned counsel for both the sides and without expressing any opinion upon the merit of the case the applicant is not entitled to bail. Hence, this bail applicant is rejected.

Order Date :- 17.5.2012

S. Kumar