Court No. - 29
Case :- CRIMINAL APPEAL DEFECTIVE No. - 166 of 2019
Appellant :- Hari Shankar Rai
Respondent :- State of U.P.
Counsel for Appellant :- Uttar Kumar Goswami
Counsel for Respondent :- G.A.,Devendra Kumar Singh
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Criminal Misc. Delay Condonation Application No. 1 of 2019 There is a delay of 152 days in filing of the appeal. An application for condoning the delay has been filed.
Learned A.G.A. has no objection if the delay is condoned. Accordingly, Delay Condonation Application is allowed. The defect stands cured.
Order on Memo of Appeal By this appeal, a challenge is made to the order dated 02.06.2018 whereby the bail application preferred by the appellant was dismissed by the Court below.
It is a case where an F.I.R. was registered as Case Crime No. 134 of 2017, under Sections 302, 323, 504, 506 I.P.C. and 3(2)5 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Bansgaon, District Gorakhpur.
Learned counsel for the appellant submits that without an incidence of the nature alleged in the F.I.R., the appellant has been implicated in the case. In fact, injury to the deceased was out of an accident and not by a lathi blow but to implicate the appellant, the allegations were made. The co-accused has already been released on bail and trial has not proceeded because out of 18 witnesses, only 3 witnesses have been examined so far.
Accordingly, prayer is to grant bail as the appellant is not having any previous track record of crime.
Learned A.G.A. has contested the appeal. He submits that evidence collected during the course of investigation shows role of the appellant. He had given lathi blow to the deceased and it was on a vital part. As per the post mortem report, cause of death is head injury caused by the appellant. Thus, he was refused bail.
Taking into consideration the evidence on record, learned Trial Court has rightly dismissed the bail application.
At this stage, any comment on merit with appreciation of argument may cause prejudice to either of the parties during the course of trial. However, taking aforesaid into consideration the statement of eye witnesses, injury report coupled with post mortem report, I do not find it to be a case of bail and accordingly appeal is dismissed.
It is, however, with a direction to the Trial Court to expedite the proceedings of trial and for which the prosecution is directed to produce the witnesses without further delay.
The appellant is also directed to cooperate with the trial for expeditious disposal.
Order Date :- 29.7.2021 Nirmal Sinha
(Munishwar Nath Bhandari, A.C.J.)