Anil @ Anna vs State Of U.P.
2014 Latest Caselaw 6245 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL APPEAL No. - 1616 of 2014
 

 
Appellant :- Anil @ Anna
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ravi Prakash Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Amar Saran,J.

Hon'ble Karuna Nand Bajpayee,J.

Heard learned counsel for the appellant and the learned A.G.A for the State.

It is submitted by the learned counsel for the appellant that no independent witness has been produced. The informant is not an independent witness. The F.I.R. appears to have been changed. The recovery of country made pistol from the appellant was made after one and half months of the incident, which has not been proved by proper evidence. The appellant was not on bail during the trial.

Per contra, learned A.G.A opposed the prayer for bail and pointed out that the appellant Anil alias Anna had the motive

to commit this crime as the deceased had demanded money from the appellant, who purchased milk from the deceased. The independent witness has supported the prosecution case. The recovery of 315 bore bullet was made from the body of the deceased.

Having given our thoughtful consideration to the submission of the parties, without expressing any opinion on the merits of the case, we decline to grant bail to the appellant at this stage.

The prayer for bail is refused.

However, hearing of the appeal is expedited. Office to prepare the paper book within three months and to list the appeal immediately thereafter for hearing before the appropriate Bench.

Order Date :- 9.9.2014

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