Girish & Another vs State Of U.P.
2016 Latest Caselaw 6323 ALL

Citation : 2016 Latest Caselaw 6323 ALL
Judgement Date : 30 September, 2016

Allahabad High Court

Girish & Another vs State Of U.P. on 30 September, 2016

Bench: Arvind Kumar Tripathi, Ramesh Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL No. - 263 of 2010
 

 
Appellant :- Girish & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ram Babu Sharma,Afzal Durrani,Ved Prakash Pandey
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Hon'ble Ramesh Sinha,J.

Heard learned counsel for the appellants/applicants, learned A.G.A. and perused the record.

This is the second bail application. The first bail application was rejected vide order dated 31.05.2012.

Learned counsel for the appellants/applicants contended that the role of fire arm was assigned to three persons and farsa blow was assigned to co-accused Satish Baba. One co-accused Vidya Sagar died during trial. The appellants/applicants are in jail since 22.12.2009. There was only one injury of fire arm found on the body of deceased, hence, the appellants/applicants are entitled to be released on bail.

Learned A.G.A. vehemently opposed the prayer for bail and submitted that there is no new ground. The first bail application was rejected on merit. As far as one fire arm is concerned, there are three different gunshot injuries and that argument has been considered while rejecting the first bail application.

The alternative prayer is period of custody as appellants/applicants are in jail for about seven years but it is a case of life imprisonment and merely on the ground of period of imprisonment appellants/applicants are not entitled to be released on bail.

Considered the submissions. In view of above facts, considering the nature of allegation and gravity of offence, without expressing any opinion on merit, at this stage, it is not a fit case for bail.

Accordingly, the present second bail application is hereby rejected.

However, office is directed to get the paper book prepared at earliest, as per rules of the Court.

List this appeal for hearing after six months before the appropriate Bench.

Order Date :- 30.9.2016

M/A.