Court No. - 71
Case :- CRIMINAL APPEAL No. - 5463 of 2019 Appellant :- Rakesh Yadav And 3 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Kamlesh Singh Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellants, learned AGA for the State and perused the record.
This criminal appeal has been filed by the appellants with the prayer to quash the order dated 29.07.2019 passed by Special Judge, SC/ST Act, Mainpuri in S.S.T. No.86 of 2013 (State Vs. Pradeep Yadav and others), under Sections 323, 504, 506 IPC and Section 3(1)(10) of SC/ST Act, Police Station Bewar, District Mainpuri.
An FIR was lodged by one Akhilesh, under Sections 395, 397, 506 IPC and Section 3(2)(5) of SC/ST Act, in which, the appellants were nominated as accused.
On the basis of the said FIR, the police investigated the matter and submitted the charge-sheet only against the co- accused Pradeep Kumar, under Section 323, 504, 506 IPC and Section 3(1)(10) of SC/ST Act.
After framing the charge against the co-accused Pradeep Kumar, the statements of PW-1 Akhilesh and PW-2 Vipin Kumar were recorded. Thereafter, an application was moved by Opposite Party No.2 stating therein that from the evidence adduced during the course of trial, offence against the appellants is also made out and as such, they also be summoned to face trial. The said application was allowed vide order dated 29.07.2019.
Learned counsel for the appellant could not point out any illegality in the order and prayed that his bail application on being moved, be directed to be disposed as expeditiously as possible and no other prayer has been pressed.
Moreover, from the allegations made in the FIR, material collected during the course of trial and evidence adduced before the court below, prime facie offence is made out against the appellants and as such, impugned order does not suffer from any illegality, the prayer for quashing the impugned order dated 29.07.2019 is therefore refused.
However, it is directed that if the appellants appear/surrender before the court below and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity of hearing to both the parties.
With the aforesaid observations, this criminal appeal is finally disposed of.
Order Date :- 26.8.2019 Nadim