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Guljari & Another v. State Of U.P. - CRIMINAL APPEAL No. 2009 of 2007  RD-AH 12596 (23 July 2007)
Hon'ble Imtiyaz Murtaza, J.
Hon'ble Vijay Kumar Verma,J.
Prayer for bail has been made on behalf of appellants Guljari son of Sumer and Laxmi son of Sadhu Ram, who have been convicted by the judgment and order dated 22.01.2007 passed by Additional Sessions Judge, (Fast Track Court No. 2) Budaun, in S.T. No. 98 of 2005, under sections 302 read with section 34 IPC.
Heard counsel for the appellants-accused and learned AGA for the State-respondent and perused the record.
The incident took place on 05.08.2004 at about 6.30 p.m. and the first information report was lodged at 9.30 p.m. The distance of police station from the place of occurrence was 11 kms. According to the prosecution case, four assailants named in the FIR armed with fire arms came and caused fire arm injuries to the deceased.
Considering the facts and circumstance of the case, nature of allegation and evidence on record, we are of the opinion that the appellants are not entitled for bail.
The prayer for bail is rejected.
Office is directed to prepare paper book and list this appeal for final hearing at an early date.
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