Court No. - 29
Case :- CRIMINAL APPEAL No. - 3741 of 2019 Appellant :- Deepak Patel Respondent :- State of U.P. and Another Counsel for Appellant :- Narendra Kumar Singh Yadav,Lal Mani Counsel for Respondent :- G.A.,Dheeraj Kumar Singh
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
By this appeal, a challenge is made to the order dated 14.02.2019 passed by learned IInd Additional Sessions Judge/Special Judge (S.C./S.T. Act), Allahabad in Bail Application No. 399 of 2019 arising out of Case Crime No. 64 of 2018 under Sections 302, 307, 379 Indian Penal Code and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Khiri, District Allahabad by which the bail application preferred by the appellant was dismissed.
Mr. Sangam Lal Kesharwani, learned counsel for the appellant submits that the first information report was registered for the offence under Sections 302, 307, 379 Indian Penal Code and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant was named for causing the occurrence by the eye-witnesses as well as by the injured witness but the post mortem report does not support the version given in the first information report as well as by the witnesses. There are more than one lacerated and incised wounds whereas allegation for causing only one injury has been attributed to the appellant, thus it is a case of false implication.
Ms. Meena, learned AGA for the respondent-State and Mr. Dheeraj Kumar Singh, learned counsel for the complainant opposed the bail application. They submit that eye-witnesses as well as injured witness have named the appellant for causing occurrence. The accused was having a knife and it is not only that he caused blow from the knife but crushed the head of the deceased by a stone. One of the injured witness tried to save the deceased but she was also caused injury, thus a case is not made out for grant of bail.
I have considered the rival submissions of the parties and perused the record.
At this stage, any comment in reference to the argument raised by either of the parties may affect the trial, thus I am refraining myself to make any comment on the facts in reference to the argument of learned counsel for the parties but after going through the material available on record, I do not find a case for bail.
In view of the above, the appeal fails and is dismissed. The Trial Court is directed to expedite the proceedings.
Order Date :- 12.8.2021 Shubham .
(Munishwar Nath Bhandari, A.C.J.)