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Ajay Kumar Shukla & Another v. State Of U.P. - CRIMINAL APPEAL No. 1519 of 2007  RD-AH 12309 (19 July 2007)
Hon'ble Imtiyaz Murtaza, J.
Hon'ble Vijay Kumar Verma,J.
Prayer for bail has been made on behalf of appellant, who has been convicted by the judgment and order dated 22.02.2007 passed by Additional Session Judge, Court No. 1 Kanpur Dehat, in S.T. No. 354 of 1999 under section 323/149 & 302/149 IPC.
Heard counsel for the appellant-accused and learned AGA for the State-respondent and also perused the record.
According to the prosecution case, the deceased was dragged by appellant no. 1 Ajay Kumar Shukla and co-accused Virendra Singh @ Veeran. It is submitted that Virendra Singh @ Veeran has already been released on bail by this Court on 14th March 2007 in Crl. Appeal No. 1620 of 2007. In this order it is mentioned that "it has vehemently been argued by the learned counsel for the appellants-accused that the deceased died due to asphyxia as a result of throttling and the role of throttling has been assigned to Ajay Kumar Shukla. The appellants appear to have caused some minor injuries to the injured Mahesh Kumar and the co-accused Mahesh Shukla, similarly situated under the same facts and circumstances, has already been released on bail. Therefore, the appellants be released on bail". This order has been passed by the Bench of Hon'ble Mr. Justice R.C. Deepak and Hon'ble Mr. Justice K.N. Ojha.
Office is directed to place the record of this case before Hon'ble the Chief Justice for passing appropriate order and list this appeal long with Crl. Appeal No. 1620 of 2007, if possible in the next cause list.
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