Court No. - 71
Case :- CRIMINAL APPEAL No. - 694 of 2019 Appellant :- Deepak Respondent :- State Of U.P.
Counsel for Appellant :- Rajesh Kumar Pandey Counsel for Respondent :- G.A.,Syed Ali Imam
Hon'ble Ajit Singh,J.
Heard Sri Rajesh Kumar Pandey, learned counsel for the appellant-applicant and learned A.G.A., for the State. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed challenging the cognizance order dated 20.12.2018 passed by Additional Session Judge/Special Judge Court No.2, S.C./S.T. Act, Bulandshahar, in bail application no. 4216 of 2018, arising out of Case Crime No. 1126 of 2018, under Sections 364, 302, 201, 404, 411, 34 of I.P.C., and Section 3 (2) (V) of S.C./S.T. Act, Police Station-Sikandrabad District-Bulandshahr.
Learned counsel for the appellant contended that the alleged incident has been taken place on 02.10.2018 and was reported to the police on 05.10.2018 with the allegations that the son of complainant ,Kunwar Pal Singh, had gone with Dharam Singh son of Bali, Deepak son of Kaloo and Amit son of Mahipal, all the resident of village Lalpur and since then his son was not returned back.
The dead body of the deceased Virendra Kumar @ Pappi son of Kunwar Pal was recovered at the instance of accused Amit, and the mobile of the deceased was recovered at the pointing of present accused Deepak.
Per contra, learned A.G.A., and learned counsel for the respondent vehemently opposed the prayer for bail and contended that the deceased was murdered due to monetary dispute and has next contended that there is no infirmity or illegality in the order passed by the learned trial court.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the appellant.
Accordingly, I find no infirmity in the impugned order passed by the trial court and as such, this appeal stands dismissed.
However, none of the aforesaid offences against appellant is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
Accordingly, in exercise of extraordinary jurisdiction of this Court and in view of the order passed by this Court in Smt. Sakeena and others Vs. State, and another reported in 2018
(2) ACR 2190, it is directed that in case the appellant files his bail application and also pray for interim bail, his prayer for interim bail shall be considered and decided on the same day, and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his dependent as per the mandate of Section 15A (5) S.C./S.T. Act.
Order Date :- 30.4.2019 M. ARIF