Court No. - 53
Case :- CRIMINAL APPEAL No. - 5540 of 2018 Appellant :- Naseem @ Kale Khan Respondent :- State Of U.P. And Another Counsel for Appellant :- Moeez Uddin Counsel for Respondent :- G.A.,Durgesh Chandra Tiwari
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the appellant and learned A.G.A. for the State of U.P. in opposition.
This criminal appeal under Section 14A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed on behalf of the appellant challenging the order dated 29.8.2018 passed by 2nd Additional Sessions Judge/Special Judge (SC/ST Act), Allahabad, in Bail Application No. 3799 of 2018, arising out of Case Crime No. 231 of 2018, under Sections 302, 307, 323, 324, 504, 506 of the Indian Penal Code, 1860 and Section 3(2)(V) of S.C./S.T. Act, Police Station - Mauaima, District - Allahabad, seeking bail in the aforesaid sections.
As per prosecution version appellant and co-accused Shebu Khan and Vinod Khan have assaulted by sharp edged knife to Kallu alias Bhaialal, Narendra Kumar Saroj, Manoj Kumar Saroj, Manoj Maurya and Suraj Kumar Maurya due to some altercation between them. Kallu alias Bhaialal died on spot due to injury sustained by him. Other persons have also sustained injury.
Learned counsel for the appellant contended that appellant has no motive to commit the offence. Informant is not an eye witness of the occurrence. Injured have assaulted to each other. Accordingly they sustained injury. Applicant has been falsely implicated in this case. He is in jail since 28.5.2018 having no criminal antecedent.
Per contra learned A.G.A. has opposed the prayer for bail and submitted that there is no infirmity or illegality in the order passed by the learned trial court.It is further contended that deceased Kallu alias Bhaialal has sustained three injury by sharp edged knife due to which he died on the spot. Other four injured persons have also sustained stab wounds. FIR has been lodged immediately after the occurrence. There is no reason to lodge false allegation against the appellant.
FIR of the alleged incident has been lodged in the same night at 0.33 a.m. Role of causing injuries by knife is also assigned to the appellant.
The order of the trial court is based on substance and sound reasoning. I find no illegality or infirmity in the impugned order dated 29.08.2018 passed by the court below and the same needs no interference.
In the result, the instant criminal appeal stands dismissed.
Order Date :- 30.1.2019 Manish Tripathi