Court No. - 59
Case :- CRIMINAL APPEAL No. - 1968 of 2018 Appellant :- Afsar Ali Respondent :- State Of U.P. And Another Counsel for Appellant :- Rishabh Agarwal,Ram Raksha Yadav Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J.
As per office report dated 20.08.2018, notice upon the informant has been duly served.
Heard learned counsel for appellant, learned Additional Government Advocate for the State-respondent and perused the paper book.
This criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, has been filed challenging the order dated 14.03.2018 passed by the Special Judge, SC/ST Act/Addl. Sessions Judge, Court no. 2, Firozabad, in Bail Application No. 755 of 2018 (Afsar Ali Vs. State of U.P.), arising out of Case Crime No. 329 of 2017, under Sections 302, 34 I.P.C. and 3(2)5 SC/ST Act, P.S. Eka District Firozabad, seeking bail in the aforesaid sections.
As per prosecution case, husband of the informant was subjected to gunshot injury by the accused persons nominated in the F.I.R.; during investigation, name of the applicant surfaced; applicant conspired with the informant to eliminate the deceased; postmortem examination report shows single gunshot injury; assault weapon has been recovered on the pointing out of the applicant.
Learned Additional Government Advocate opposed the prayer for bail and submits that it will not be in public interest in case applicant is released on bail.
Considering the facts and circumstances of the case, I am not inclined to allow the appeal at this stage.
The appeal is, accordingly, rejected.
The trial Court is directed to expedite the trial and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order provided there is no other impediment.
Office is directed to send a certified copy of this order to the trial Court concerned for immediate compliance.
Order Date :- 13.9.2018 Mukesh Kr.