Court No. - 50
Case :- CRIMINAL APPEAL No. - 4247 of 2019 Appellant :- Ramdas Respondent :- State of U.P. and Another Counsel for Appellant :- Purushottam Dixit,Akhilesh Singh,Dileep Kumar(Senior Adv.),Rajrshi Gupta Counsel for Respondent :- G.A.,Anil Kumar Sharma,Kapil Kumar
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri Rajrshi Gupta, learned counsel for the appellant, Sri Anil Kumar Sharma, learned counsel for the informant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 30.05.2019 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Basti, in Case Crime No.20 of 2019, under Sections 307, 504 I.P.C. and 3(2)(5) SC/ST (P.A.) Act, P.S.
Vaidpura, District Etawah.
In this case, the applicant is alleged to have fired on the injured Ram Kishore due to which he sustained entry and exit wound in the incident. The real sister-in-law (Bhabhi) of the injured had earlier lodged the first information report against the informant side under Section 376 I.P.C. way back in the year 2019. It so happened that the applicant had come to take revenge and exercised pressure upon the sister-in-law of the injured to enter into compromise or withdraw the prosecution and the firing took place due to which the injured Ram Kishore sustained injury that goes to show that the applicant never caused any injury to the injured. A false and concocted case has been set up against the applicant although learned counsel for the applicant conceded to fact that the statement of the sister-in-law of the injured has not been recorded under Section 161 Cr.P.C. by the police.
Learned counsel for the applicant has next added that all the witnesses of fact, in particular, the injured and the informant have been examined before the trial court. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant is languishing in jail since 05.04.2019.
Per contra, learned counsel for the informant has contended that in this case, so far as version of the first information report is concerned, that is consistent and in so far as statement of the injured though leaving statement recorded before the trial court, as contained under Section 161 Cr.P.C. dittos that the only person named as accused who caused injury to the injured is none other than the applicant himself.
Learned A.G.A. has adopted contention of the learned counsel for the applicant.
Considered the rival submissions, perused the material brought on record and the enormity of the offence. No good ground is made out for bail.
Consequently, the prayer for bail is rejected at this stage.
However, the trial court is directed to expedite the proceeding of the trial and conclude the same in accordance with law, expeditiously, preferably within a period of six months from the date of production of the certified copy of this order before it, if there is no legal impediment in its way.
It is made clear that observation made in this order shall have no bearing on the merits of the case.
Order Date :- 28.10.2021 rkg