Court No. - 51
Case :- CRIMINAL APPEAL No. - 7566 of 2017 Appellant :- Rajesh Kumar Prajapati Respondent :- State Of U.P.
Counsel for Appellant :- Udai Karan Saxena Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Chandra Dhari Singh,J.
Order on Criminal Misc. Bail Application
Heard learned counsel for the appellant and learned AGA for the State perused the record.
This is a bail application filed on behalf of the appellant, namely, Rajesh Kumar Prajapati in the instant criminal appeal.
Contention of learned counsel for the appellant is that the appellant has been falsely implicated in the present case due to ulterior motive and he has not committed any such crime as alleged and he is in jail since 20.11.2017; the FIR was lodged by the father of the deceased, namely, Om Prakash Prajapati who is not an eye witness account; incident is of 20.07.2012 and the FIR was lodged on the same day and in the FIR nobody was named and subsequently on 25.7.2012, an application was given by the first informant in which name of the appellant including Umesh and Ram Murti was given and thereafter they were arrested; there is no direct evidence against the appellant which may show active participation of the appellant in the alleged crime; appellant has been convicted solely on the basis that he happens to be the husband of the deceased; so far as the testimony of PW-2 and PW-4 are concerned, their testimony has been disbelieved by the court concerned; the appellant was also examined by the doctor but no such injury has not been brought on record; appellant was on bail during trial which liberty has not been misused/abused by him and he has no previous criminal history; the appeal is not likely to be heard in near future and there is every likelihood of the appeal being allowed.
However, learned AGA has opposed the prayer for bail with the contention that the appellant is the husband of the deceased and his presence at the place of occurrence has not been disputed and on the date of occurrence, appellant was accompanied the deceased and much reliance has been placed on the findings given by the court concerned and the burden under Section 106 Indian Evidence Act has not been discharged.
Without expressing any opinion on the merits of the case and also looking to the seriousness of the allegations, gravity of the offence and severity of the punishment, no case for grant of any indulgence is made out. Accordingly, the prayer for bail is hereby rejected, at this stage.
Since the lower court record has been received, the hearing of the appeal be 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 :- 28.3.2018 Anand