Atul Kumar Kaushal vs State Of U.P.
2012 Latest Caselaw 4942 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- BAIL No. - 6241 of 2012
 

 
Petitioner :- Atul Kumar Kaushal
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Hemant Kumar Misra,Arti Ganguly
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ajai Lamba,J.

Learned counsel for the applicant has argued that in a fabricated police encounter Vimal Kumar Upadhyay was shot dead by S.T.F. force in the area of Village Parasnath, District Pratapgarh, on 2nd of April, 2011.  So as to justify actions of the police, the applicant Atul Kumar Kaushal and one Muthun Kumar have been implicated.

It has been asserted that the Commando Mool Chand, who was injured was not fired at by the applicant.

As per the F.I.R. case, Vimal Kumar Upadhyay, the deceased, fired at Mool Chand, Commando.  At the hands of the applicant no one has been injured.

Sofar as criminal history is concerned, learned counsel has drawn attention of the court towards Annexure-3 to plead that the applicant was falsely implicated.  Vide judgment, Annexure-3, he has been acquitted in the said case.  The applicant was implicated in a case under Arms Act.  Immediately after the applicant was released on bail in that case, he has been implicated in the present case.  He is in custody since 2nd of April, 2011.  Investigation has been concluded.

Learned counsel for the respondent State, Smt. Suniti Chauhan, prays for short time to detail the criminal history of the applicant and to apprise the court about the exact stage of trial.

List next week.

Order Date :- 9.10.2012

A.Nigam