Court No. - 59
Case :- CRIMINAL APPEAL No. - 5133 of 2017 Appellant :- Kaju Alias Raj Kumar Respondent :- State Of U.P. & Another Counsel for Appellant :- Sudhir Kumar Agarwal Counsel for Respondent :- G.A.,Mohd. Akbar Shah Alam Kha
Hon'ble Suneet Kumar,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the appellant, Sri Dharmendra Pratap Singh, learned counsel for the opposite party no. 2 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 14.7.2017 passed by the Additional Sessions Judge, Court No. 2, Muzaffar Nagar in Bail Application No. 2155 of 2017 in Case Crime No. 228 of 2017 under Sections 364, 302, 201 IPC and Section 3(2)(5) of S.C./S.T. Act, Police Station- Mansoorpur, District Muzaffar Nagar seeking bail in the aforesaid sections.
As per the prosecution case, the deceased aged about 17 years was taken on motorcycle by appellant and co-accused Kishan, seen by the villagers viz. Raja and Sajan; body of the deceased was subsequently found in a canal after three days; postmortem was conducted on 15.4.2017; appellant along with co-accused were arrested earlier on 14.4.2017 and they confessed the commission of the offence and stated that the body was disposed of in the canal and on their pointing out, on the subsequent date, the body was recovered from the canal.
Learned counsel for the appellant submits that the appellant has been falsely implicated; appellant is languishing in jail since 14.4.2017, hence, the appellant may be released on bail.
Learned A.G.A. and learned counsel for the opposite party no. 2 has vehemently opposed the prayer for bail contending that it is not in public interest to enlarge the appellant on bail at this stage; the chain of events link the appellant to the commission of the offence; on the pointing out of the appellant body was recovered from the canal and duly identified by the family members.
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 Kaju Alias Raj Kumar involved in Case Crime No. 228 of 2017 under Sections 364, 302, 201 IPC and Section 3(2)(5) of S.C./S.T. Act, Police Station- Mansoorpur, 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 :- 27.8.2018 S.Prakash