Court No. - 51
Case :- CRIMINAL APPEAL No. - 1019 of 2018 Appellant :- Lalji Mishra Respondent :- State Of U.P.
Counsel for Appellant :- C.B.Dubey,Lav Srivastava Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Chandra Dhari Singh,J.
Order on Criminal Misc Bail Application This is a bail application moved on behalf of applicant in ST No.332 of 1993 arising out of case crime no.407 of 1992 u/s 147,148,302, 149 IPC PS Shahpur District Gorakhpur.
Heard Sri V.P. Srivastava learned senior counsel assisted by Sri C.B. Dubey learned counsel for the applicant and Mohd. Nadeem learned AGA for the State.
Contention of learned senior counsel appearing for the applicant is to the effect that PW-1 Champa Devi has named the applicant in the FIR along with other accused persons, however specific role has been assigned to present applicant Lalji Mishra. It has been further contended that PW-1 Champa Devi in her testimony has supported the prosecution case as set up in the FIR. However, in her cross examination which has been done after 18 years some discrepancies have arisen. Further contention is that applicant is at present 76 years of age and is suffering from some neurological problem.
Nevertheless the fact remains that there is prompt FIR and specific role of firing has been assigned to the applicant and the fact that PW- 1 Champa Devi supports the prosecution case as set up in the FIR.
Looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected at this stage.
However, looking to the facts and circumstances of the case the hearing of the appeal is expedited under Chapter-VIII Rule 33A of the Rules of Court.
Let the paper book be prepared within two months from today and thereafter appeal be listed for hearing before appropriate Bench.
Order Date :- 30.3.2018 SP