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Judgment
Bail application No. 106 of 2010
This is a bail application No. 106 of 2010 moved on behalf of appellant Neeraj who was convicted u/s 302 IPC vide judgment and order dated 03.02.2010 passed by Additional Sessions Judge/1st F.T.C., Roorkee in Sessions trial No. 240/2002 whereby the appellant Neeraj was sentenced to imprisonment for life and also directed to pay fine of Rs. 5,000/ -. He has further convicted u/s 148 IPC and sentenced to rigorous imprisonment for period of one year. He has further found guilty u/s 25 Arms Act and sentenced to rigorous imprisonment for period of two years and also directed to pay fine of Rs. 1,000/ -.
Heard.
Learned Counsel for the appellant/applicant submitted that he was on bail during trial. It is further pointed out that other co-accused are released on bail. It is also pointed out that there are cross versions of the incident.
On the other hand, on behalf of State and Complainant, it is submitted that the case of Neeraj is clearly different to those granted bail. His role of killing Sudesh is specific. It is also submitted on behalf of the State that in cross case, accused have been acquitted and appellant and his associates were found aggressor.
Considering the specific role assigned to the present appellant Neeraj, and after going through the record of the case, we are not inclined to grant bail to the appellant Neeraj. Without expressing any opinion of merits of appeal, his bail application is rejected. Also short term bail application No. 1037 of 2010 which is moved for extension for short term bail which was granted by this Court vide order dated 11.08.2010, is rejected.