Court No. - 59
Case :- CRIMINAL APPEAL No. - 3541 of 2018 Appellant :- Prince Sahani Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Syed Mohammad Abbas Abdy,Ranjeet Kumar Counsel for Respondent :- G.A.,Brahma Nand Singh
Hon'ble Suneet Kumar,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the appellant 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 19.5.2018 passed by the Additional Sessions Judge/Special Judge, SC/ST Act, Gorakhpur in Bail Application No. 1728 of 2018 in Case Crime No. 339 of 2018 under Sections 147, 323, 304 IPC and Section 3(2)(5) of S.C./S.T. Act, Police Station-Cantt, District Gorakhpur seeking bail in the aforesaid sections.
As per the prosecution case, during reception ceremony, applicant along with six other named persons indulged in marpeet with the deceased, resultantly, the deceased succumbed to injuries; postmortem report shows nine injuries; cause of death is due to antemortem injury; eye-witness account have supported the prosecution version but author of the fatal injury is not identified.
Learned counsel for the appellant submits that the appellant has been falsely implicated; applicant is languishing in jail since 22.4.2018, hence the appellant is entitled to be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail contending that eye-witness accounts have supported the prosecution version, which is corroborated by the postmortem report; it is not in public interest that the appellant be enlarged on bail at this stage.
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 Prince Sahani involved in Case Crime No. 1728 of 2018, under Sections 147, 323, 304 IPC and Section 3(2)(5) of S.C./S.T. Act, Police Station-Cantt, District Gorakhpur.
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 :- 28.8.2018 S.Prakash