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Shyamu & Oters v. State Of U.P. - CRIMINAL APPEAL No. 1674 of 2006  RD-AH 13429 (2 August 2007)
Court No. 44
Criminal Appeal No. 1674 of 2006
4.Balbeer Singh .......................... Appellants
State of U.P. .......................... Opp. Party
Hon'ble Imtiyaz Murtaza, J.
Hon'ble Vijay Kumar Verma, J.
Heard learned counsel for the appellants and learned A.G.A. for the State.
According to the prosecution case the deceased was shot dead by the appellant no. 1, Shyamu, while other co-accused were caught hold of the deceased. Other co-accused appellant nos. 2,3 and 4 were already released on bail by this Court.
It is submitted by learned counsel for the appellants that there is conflict in the direct and medical evidence and only two witnesses were examined and they are highly interested witnesses.
Perused the lower court record and the order of Sessions Judge.
The main role of firing has been assigned to the appellant no. 1 Shyamu and in our opinion there is no such contradiction in the testimonies of the witnesses with regard to the manner of firing to discredit the testimony of the witnesses at this stage. Appellant no. 1 Shyamu was not on bail during the trial.
Considering the facts and circumstances of the case and evidence on record, the appellant no. 1 is not entitled to be released on bail.
Prayer for bail on behalf of the appellant no. 1 Shyamu is rejected.
Office is directed to prepare the paper book and list this appeal for final hearing in the month of December, 2007.
Dated : 02.8.2007
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