Atul Kumar Gupta vs State Of U.P.
2018 Latest Caselaw 299 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 
Case :- CRIMINAL APPEAL No. - 1220 of 2015
 
Appellant :- Atul Kumar Gupta
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Shyam Kumar Srivastava,Anurag Shukla,Jitendra Pratap Singh
 
Counsel for Respondent :- Govt.Advocate
 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Bachchoo Lal,J.

Ref :-Cr. Mics. Bail Application No. 109988 of 2015.

Heard learned counsel for the appellant, learned AGA for the State on the bail prayer of the appellant who has been convicted in S.T. No. 570 of 1998, case crime no. 415 of 1995 under Section 302 I.P.C. Police Station Kotwali Farrukhabad, District Farrukhabad and sentenced to undergo for life imprisonment with fine.

Learned counsel for the appellant submits that the appellant is innocent and has been falsely  implicated in the present case. It has further been submitted that the prosecution story is not probable and believable. He has further submitted that false allegation has been made against the appellant and the evidence of the witnesses of fact is not believable. It is further submitted that if the accused -appellant is released on bail, he will never misuse the liberty of bail. There is no likelihood of early hearing of the appeal in near future. The appellant was on bail during trial and he had not misused the liberty. The appellant is in jail since 12.2.2015.

Per contra, learned AGA opposed the prayer for bail and supported the trial court's judgement. He further contended that it is a broad-day-light murder case. Appellant has been named in the F.I.R. and specific role has been assigned of firing. The trial court has found cogent and convincing evidence against the appellant. It has further been submitted that medical report also corroborate with the prosecution version, therefore, appellant is not entitled for bail.

Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case,  we are of the opinion that the appellant has not made out a case for bail. The prayer for bail is declined and accordingly,  the bail application is hereby rejected.

Lower court's record has been received.

Appeal is expedited. Office is directed to prepare paper books and list this appeal for hearing at an early date.

Order Date :- 1.5.2018/Gss