High Court of Judicature at Allahabad
Case Law Search
Khan Mohammad @ Khannu v. State Of U.P. - CRIMINAL APPEAL No. 4743 of 2004  RD-AH 15763 (11 September 2006)
Hon'ble Mukteshwar Prasad, J.
Hon'ble K.N. Ojha, J.
We have heard learned counsel for the appellant-Khan Mohammad @ Khannu and learned A.G.A. for the State and perused the impugned judgment and trial court record also.
Admittedly, two persons namely, Chheddu and Smt. Rani were killed and three persons sustained injuries in the course of incident. It is contended that four co-accused, namely Angad, Ashok Kumar, Bhaiya Lal and Ram Sajivan, who were also convicted along with present appellant, have been bailed out. It is further submitted that the injured eyewitnesses did not support the prosecution story and turned hostile. Moreover, the appellant is in jail since March, 1999 and as such, he deserves bail.
On the other hand, learned A.G.A. has contended that P.W.2 Smt. Phooliya and P.W.4 Mithilesh Kumar have fully supported the prosecution version and disclosed in clear words that it was Khan Mohammad who fired fatal shot to Smt. Rani resulting in her death in the presence of eyewitnesses. He was named in the FIR and was in jail during trial. He is said to be the main accused.
After having considered all facts and circumstances of the case, evidence on record and the specific role attributed to the present appellant, we find no ground to release him on bail. Consequently, his prayer for bail is rejected.
Double Click on any word for its dictionary meaning or to get reference material on it.