LAWS(ALL)-2011-4-468

RAJKUMAR AND ORS. Vs. STATE OF U.P.

Decided On April 06, 2011
Rajkumar And Ors. Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) BOTH the appeals arise out of same judgment. The bail applications of the Appellants in both the appeals are heard together and a common order is being passed for both the appeals.

(2.) THESE appeals have been preferred against the judgment and order dated 30.7.2010 passed by Additional Sessions Judge/ Fast Track Court No. 4, Hardoi, whereunder Appellants Rajkumar, Shishupal, Rajendra and Sarvesh have been convicted and sentenced under Sections 307/34 IPC and 3/25 Arms Act in Sessions Trials No. 164 of 2010 and 165 of 2010 ( Crimes No. 321/09 and 370/09), Police station Sandi, district Hardoi.

(3.) THE learned A.G.A. has opposed the bail prayer. He submitted that all the Appellants are named in the FIR. Appellant Sarvesh fired at the injured who sustained fire arm injury on the ital part. During investigation fire arm which was used in the incident was also recovered at the instance of Sarvesh. It is argued that the offence is serious, therefore, the Appellants are not entitled for bail.