Court No. - 59
Case :- CRIMINAL APPEAL No. - 5520 of 2017 Appellant :- Dharmendra Respondent :- State Of U.P. & Another Counsel for Appellant :- Anil Kumar Srivastava,Purushottam Nath Tiwari,Ram Bahadur Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the appellant-applicant, learned A.G.A. for the State and perused the record.
This criminal appeal under Section 14A(2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 2015 has been filed against the order dated 28.06.2017 passed by the Special Judge (SC/ST Act)/Additional Session Judge, Ghaziabad, in Criminal Misc. Bail Application No. 3089 of 2017(Dharmendra Vs. State of U.P. and others), arising out of Case Crime No. 723 of 2017, under Sections 304, I.P.C. and Section 3(2)(5) of S.C./S.T. Act, Police Station- Kavi Nagar, District Ghaziabad, seeking bail in the aforesaid sections.
It has been contended by the learned counsel for the appellant-applicant that as per prosecution case, the deceased was called on mobile phone by co-accused Ragani on assurance that an effort would be made to find a suitable job for him; thereafter the appellant-applicant, who is the husband of co-accused Ragani, alongwith other co-accused has assaulted the appellant-applicant with lathi and danda; post mortem report reflect as many as 7 injuries were received by the deceased; cause of death is coma as a result of ante-mortem head injury; co-accused Ragani and other co- accused are absconding and pressurizing the complainant to enter into compromise.
Learned AGA opposed the prayer for bail contending that in the aforesaid circumstances it will not be in the interest of justice in case the appellant- applicant is enlarged on bail.
Considering the facts and circumstances of the case, I am not inclined to allow the appeal at this stage.
Appeal is, accordingly, dismissed.
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 :- 31.7.2018/VKG