Shivkaran Shukla vs State Of U.P.
2014 Latest Caselaw 3798 ALL

Citation : 2014 Latest Caselaw 3798 ALL
Judgement Date : 30 July, 2014

Allahabad High Court

Shivkaran Shukla vs State Of U.P. on 30 July, 2014

Bench: Ravindra Singh, Vishnu Chandra Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 
Reserved.
 
Crl. Misc. Application No. 18457 of 2011 
 
In
 

 
Case :- CRIMINAL APPEAL No. - 292 of 2011
 

 
Appellant :- Shivkaran Shukla
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Diwakar Singh,Ram Saran Awasthi
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the appellant and learned A.G.A. for the State of U.P.

It is a case in which the appellant and co-accused Kalp Narain Sharma have been convicted for the offence punishable under section 302 IPC and they have been sentenced to undergo imprisonment of life with a fine of Rs. 25,000/- each. The allegation against the appellant is that on 5.3.2005 at about 7.30 P.M. when the deceased Rj Kumar Yadav @ Taggi was sitting at his shop, the appellant and other co-accused came there, they purchased a liquor, the salesman demand its price the appellant and other co-accused persons hurled the abused and extended the threat.The deceased asked the accused the accused persons as to why they were doing Goonda's act, even the appellant and co-accused Pawan Kumar discharged the shot towards him and the deceased was forcibly taken away by the co-accused Kalp Narain Sharma and other co-accused Dabbu @ Siddha Narain on his motorcycle. The appellant and co-accused Pawan Kumar also followed by another motorcycle. The accused persons discharged the shot in the air by extended the threat of life consequently panic was created and shops were closed. Thereafter the dead body of the deceased was found in a canal. According to the post mortem examination report the deceased had sustained four ante mortem injuries. In support of the prosecution version 15 witnesses have been examined.

Considering the gravity of the offence the bail application of the co-accused Kalp Narain has also been rejected.

There is no good ground to release the appellant on bail. The prayer for bail is refused.

Accordingly this bail application is rejected.

Order Date :- 30.7.2014

RPD