Court No. - 29
Case :- CRIMINAL APPEAL No. - 4291 of 2019 Appellant :- Mubeen Respondent :- State Of U.P. Andaanother Counsel for Appellant :- Fakhruzzaman Counsel for Respondent :- G.A.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
Counter affidavit given by Shri Rajesh Mishra, learned AGA is taken on record.
By this appeal, a challenge is made to the order dated 27.03.2019 passed by learned IInd Additional Sessions Judge/Special Judge (S.C./S.T. Act), Jalaun at Orai in Bail Application No. 23 of 2019 arising out of Case Crime No. 456 of 2018 under Sections 302 Indian Penal Code and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Kotwali Jalaun, District Jalaun by which the bail application preferred by the appellant was rejected.
Learned counsel for the appellant submits that the appellant was not named in the first information report rather suspicion was shown on other two persons named therein. The appellant was implicated in the case based on presumption and otherwise recovery of scissors said to have been used for killing the lady was recovered after two months. Accordingly, the appellant may be enlarged on bail.
Learned AGA for the respondent-State opposed the bail application and submits that the involvement of the appellant came in the investigation. His presence in the village was found so as the involvement in the occurrence. The scissors used for killing the lady was recovered at his instance. The witnesses have stated about the presence of the accused in the village before the occurrence, thus a case is not made out for grant of bail.
I have considered the rival submissions of the parties and perused the record.
At this stage, any comment in reference to the argument raised by either of the parties may affect the trial, thus I am refraining myself to make any comment on the facts in reference to the argument of learned counsel for the parties but after going through the material available on record, I do not find a case for bail.
In view of the above, the appeal fails and is dismissed. The Trial Court is directed to expedite the proceedings.
Order Date :- 12.8.2021 Shubham .
(Munishwar Nath Bhandari, A.C.J.)