Court No. - 74
Case :- CRIMINAL APPEAL No. - 3190 of 2021 Appellant :- Neeraj Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Irshad Husain,Ashwini Kumar Srivastava,Dinesh Kumar Counsel for Respondent :- G.A.,Ramesh Kumar Mishra
Hon'ble Subhash Chand,J.
Heard learned counsel for the appellant, learned Additional Government Advocate for the State-respondent and perused the paper book.
This criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, has been filed challenging the order dated 03.07.2019, passed by the Special Judge (SC/ST Act), arising out of Case Crime No. 425 of 2019, under section 302 IPC and Sections 3(2)(5) of SC/ST Act, P.S. Kankarkheda, District-Meerut, seeking bail in the aforesaid sections.
The facts giving rise to the present appeal may be summarized as under:
Learned counsel for the appellant in support of his prayer for bail submits that the impugned order of the court's below is illegal and perverse. The court's below has not appreciated the evidence available on record in proper perspective. It is further submitted that the applicant has been falsely implicated in the present case. There is delay in lodging the FIR and no explanation has been offered by the prosecution. There is contradiction in the testimonies of the witnesses. During investigation in the statement of informant Mukesh the name of the applicant has been figured in which he has stated that the applicant was having illicit relations with the wife of the deceased and on the day of occurrence deceased was also last seen alongwith accused-applicant.
Learned AGA vehemently opposed the contentions made on behalf of the applicant.
The FIR of this case was lodged against unknown persons. During investigation the name of applicant has been surfaced and the evidence against the applicant is of circumstantial in the form of last seen in the company of the applicant. The motive of causing death of the deceased is having illicit relations with the wife of informant. Therefore, the applicant does not deserve to be released on bail.
Accordingly, the present criminal appeal under Section 14-A(2) of SC/ST ACt, is hereby dismissed.
Order Date :- 24.8.2021 Prajapati