Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24665 of 2009 Petitioner :- Gurendra @ Gullo Respondent :- State Of U.P. Petitioner Counsel :- Birendra Kaushik,Manish Tiwary Respondent Counsel :- Govt. Advocate,Vivek Mishra Hon'ble B.N. Shukla,J.
Counter affidavit has been filed today. It may be taken on record.
Heard learned counsel for the applicant, Sri. Vivek Mishra, learned counsel
for the complainant and learned AGA for the State and also perused the
record.
It is contended by learned counsel for the applicant that the in the postmortem
report two fire arm injuries have been shown and considering nature of the
injury shown in the postmortem report it could not be caused in the manner as
alleged in the FIR. It is further contended that in the inquest report, crime
number has not been mentioned and in the allied paper no section has been
mentioned and the FIR is ante time.
Learned private counsel from the side of the complainant has contended that
there is allegation against the applicant that he was also involved in firing and
committing murder of the deceased.
Learned AGA has also supported the same fact.
There is specific allegation against the applicant that he he was involved in
firing and to commit murder of the deceased. The occurrence has taken place
in broad day light. Applicant is not entitled for bail. Hence, this bail
application is hereby rejected.
Session Trial is pending in the lower court. Trial Court is directed to expedite
the trial and try to conclude within six months if possible from the date when
certified copy is made available provided the applicant cooperates.
Order Date :- 2.8.2010
Sushma