Allahabad High Court
Raju Alias Paramjeet Singh vs State Of U.P. Thru. Prin. Secy. Home, ... on 10 August, 2022
Bench: Ramesh Sinha, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- JAIL APPEAL No. - 7 of 2022 Appellant :- Raju Alias Paramjeet Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Appellant :- Niteesh Kumar Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
(C.M. Application No. 1 of 2022) This is the first bail application filed on behalf of the appellant- Raju alias Paramjeet Singh.
Heard Sri Niteesh Kumar, learned Counsel for the appellant, Ms. Roohi Siddiqui, learned A.G.A. for the State-respondent and perused the record.
Learned Counsel for the appellant submitted that the appellant is innocent and he has falsely been implicated in the present case. He further submitted that general role of assaulting the deceased has been assigned to the appellant and other co-accused persons. He further submitted that there appears no recovery from the possession of the appellant. He further submitted that the appellant is languishing in jail since 20.03.2017. Accordingly, he requests for bail.
Learned A.G.A. on the other hand, has vehemently opposed the prayer for bail and submitted that the appellant is the main assailant, who fired upon the deceased with fire arm weapon. He further submitted that the country-made pistol, which was used in the commission of offence, has been recovered at the pointing out of the appellant. He further submitted that ocular testimony as well as post-mortem report of the deceased fully corroborates the prosecution version, as such, the appellant should not be enlarged on bail.
After hearing the submissions advanced by the learned counsel for the parties and considering the facts that the appellant is the main assailant, who fired upon the deceased with fire arm weapon and the country-made pistol, which was used in the commission of offence, has been recovered at the pointing out of the appellant as well as taking into account the gravity of offence, we do not find any good ground to enlarge the appellant on bail.
Accordingly, the bail application of appellant- Raju alias Paramjeet Singh convicted and sentenced in Sessions Trial No.232 of 2017, Case Crime No. 169 of 2017, under Sections 147, 148, 149, 302, 504, 506 IPC, Police Station Kotwali Sadar, District Kheri, is hereby rejected.
Office is directed to prepare paper book.
Let the appeal be listed in due course for final hearing after preparation of paper book.
(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 10.8.2022 Arun