Court No. - 59
Case :- CRIMINAL APPEAL No. - 3198 of 2018 Appellant :- Bablu Respondent :- State Of U.P.
Counsel for Appellant :- Ram Mani Upadhyay,Vikrant Pandey Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J.
As per office report dated 7.08.2018, notice upon the informant has been duly served.
Heard learned counsel for the appellant and learned A.G.A. and perused the record.
This criminal appeal has been filed against order dated 23.05.2018 passed by the Special Judge (SC/ST Act), Siddharth Nagar in Bail Application No. 404 of 2018 (Bablu vs. State of U.P.) arising out of Case Crime No. 49 of 2018, under Section 302 I.P.C. and 3(2)(5) SC/ST Act, Police Station Mishrauliya, District Siddharth Nagar, whereby, bail application of appellant was rejected.
It is alleged by learned counsel for the appellant that the informant has turned hostile and has not supported the prosecution case. The appellant is in jail since 16.04.2018, he is entitled to be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail and submits that the main allegation is against the appellant of having caused fawda assault upon the deceased who is aged about 14 years. It is not in the public interest to enlarge the appellant on bail.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant.
Accordingly, the criminal appeal is rejected.
The trial court is directed to expedite the trial of the aforesaid case and conclude the same expeditiously on day to day basis within six months from the date of production of a certified copy of this order, if, there is no legal impediment.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 28.8.2018 K.K. Maurya