Court No. - 59
Case :- CRIMINAL APPEAL No. - 3448 of 2018 Appellant :- Haseen Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Mohd. Ishraque Farooqui Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the appellant 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 5.6.2018 passed by the Additional Sessions Judge, Court No. 2, Muzaffar Nagar rejecting the bail application arising out of Case Crime No. 166 of 2018 under Sections 147, 149, 304 IPC and Section 3(2)(5) of S.C./S.T. Act, Police Station- Titawi, District Muzaffar Nagar seeking bail in the aforesaid sections.
As per the prosecution case, three nominated accused persons has been assigned the role of causing assault upon the deceased, who succumbed to injuries; informant in her statement has named the appellant as one of the assailants; postmortem report shows nine injuries; cause of death is coma due to shock and haemorrhage as a result of antemortem injury.
Learned counsel for the appellant submits that the appellant has been falsely implicated; applicant is languishing in jail since 8.4.2018, hence the appellant may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail contending that it is not in public interest to enlarged 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 Haseen involved in Case Crime No. 166 of 2018 under Sections 147, 149, 304 IPC and Section 3(2)(5) of S.C./S.T. Act, Police Station- Titawi, District Muzaffar Nagar.
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 :- 25.9.2018 S.Prakash