High Court of Judicature at Allahabad
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Krishna Mohan Chand v. State Of U.P. - CRIMINAL APPEAL No. 4567 of 2005  RD-AH 6106 (4 April 2007)
Hon'ble R.C. Deepak, J.
Hon'ble K.N. Ojha, J.
Heard learned counsel for the appellant-accused, learned A.G.A. for the State and perused the impugned judgment.
The occurrence is said to have taken place on 22.6.2003 at about 2:30 p.m. The report in regard to it was made the same day at 4:30 p.m. The distance of the police station being 7½ kms. The specific role of causing firearm injuries has been attributed to the appellant-accused and the same finds corroboration from the medical evidence. There is a vivid description of the weapon, the mode and manner of assault and the prosecution witnesses appeared to have supported the prosecution case. The trial court appears to have discussed all the oral and documentary evidences and recorded the conviction of the appellant-accused under Section 302 IPC. However, without making any comments on the trial court's judgment at this stage, but taking into account the arguments of the learned counsel for the parties; that the evidence on record and the prevailing circumstances of the case, we are of the view that the appellant has miserably failed to make out a case for his release on bail. Therefore, the prayer for his release on bail at this stage is hereby turned down.
Dated : 4th April, 2007.
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