Court No. - 59
Case :- CRIMINAL APPEAL No. - 3482 of 2018 Appellant :- Ganga Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Anup Kumar Pandey Counsel for Respondent :- G.A.,Manoj Yadav,Vikas Mani Srivastava
Hon'ble Suneet Kumar,J.
Heard learned counsel for the appellant, learned counsel for the informant and 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, 1989 has been filed against the order dated 25.6.2018 passed by the Special Judge, SC/ST Act/Additional Sessions Judge, Court No. 2, Maharajganj in Bail Application No. 761 of 2018 in Case Crime No. 73 of 2018 under Sections 323, 504, 304 IPC and Section 3(2)(5) of S.C./S.T. Act, Police Station-Paniyara, District Maharajganj seeking bail in the aforesaid sections.
As per the prosecution case, during reception ceremony, appellant along with six named persons indulged in marpeet with the deceased, resultantly, the deceased succumbed to the injuries; postmortem report shows nine injuries and the cause of death is due to antemortem injury; eye-witness account have stated that son of the informant was brutally beaten by co- accused Munni Lal; an NCR was lodged, subsequently, the deceased succumbed to injuries; an additional section 304 was added; name of co-accused Sugreev Prasad, Shrinath and applicant surfaced in the second statement of the informant.
Learned counsel for the applicant submits that applicant is not named in the FIR; name of the applicant was taken after a lapse of 1 month 25 days in the second statement of the informant; it is urged that it is only an after thought; applicant has been falsely implicated; applicant is languishing in jail since 18.6.2018, hence, the appellant may be released on bail.
Learned A.G.A. and learned counsel for the informant has vehemently opposed the prayer for bail contending that informant named the appellant, as well as, other accused persons in the report submitted to the police station; informant is a poor and illiterate person, belongs to the marginalized section of the society; the thana concerned deliberately dropped the name of the appellant while transcribing the FIR; this fact has been pleaded in the counter affidavit. It is further stated that the informant is a witness in a pending case under Section 307 IPC against the appellant and the appellant was continuously threatening of eliminating the entire family, resultantly, the appellant mount pressure and caused injury to the deceased; in this backdrop, it is not in public interest to enlarge the appellant on bail at this stage.
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 Ganga Yadav involved in Case Crime No. 73 of 2018 under Sections 323, 504, 304 IPC and Section 3(2)(5) of S.C./S.T. Act, Police Station-Paniyara, District Maharajganj.
Accordingly, the criminal appeal is rejected.
However, the trial court is further directed to expedite the trial of the aforesaid case and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 27.8.2018 S.Prakash