Court No. - 74
Case :- CRIMINAL APPEAL No. - 2842 of 2021 Appellant :- Ramhari Jat Respondent :- State of U.P. and Another Counsel for Appellant :- Ajay Kumar Pathak Counsel for Respondent :- G.A.,Wahid Jamal
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the appellant, learned counsel for the respondent no.2 and learned AGA for the State and perused the record.
This appeal has been filed by appellant Ramhari Jat against the impugned order dated 02.07.2021 passed by learned Special Judge, SC/ST (P.A.) Act, Hathras passed in Bail Application No.953 of 2021, (Ramhari Jat vs. State of U.P.), arising out of Case Crime No.141 of 2021, under Section 272 I.P.C. and Section 60A(a) (c) of Excise Act and Section 3(2)(5) of SC/ST Act, P.S. Hathras Gate, District Hathras by which bail plea of appellant has been rejected. Aggrieved by the rejection order this appeal has been filed.
The FIR version is that the incident took place on 26.4.2021 and after two days FIR was lodged against the accused appellant with the allegation that the accused appellant sold 20 quarters of country made liquor to the persons belonging to Singhi Samaj, who were participating in worship celebration of Saheed Baba and the rituals is that they offer liquor and also take liquor on the occasion. Six persons died after taking the said liquor which was sold by the accused appellant. Therefore, the FIR was lodged initially, under Section 304 IPC and subsequently during the investigation that section was omitted and the accused appellant was booked for the aforesaid offence.
The Submission of learned counsel for the appellant is that there is no evidence against the appellant and he has been falsely implicated in this case. The learned Special Judge, SC/ST Act ignoring the material facts on record has rejected the bail application, which is not sustainable under law. Further submission is that there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses.
Learned AGA and learned counsel for the respondent no.2 have vehemently opposed the prayer and have submitted that six persons have died by taking country made poisonous liquor provided by the accused appellant and 6 persons died who belonged to scheduled caste community. Therefore, learned Special Judge, SC/ST Act considering the seriousness of the offence rejected the bail application and there is no infirmity in the impugned order.
Considered the submissions of both the sides. On forensic examination, the said country made liquor was found to be poisonous. During the investigation, evidence was collected and it was found that the said country made liquor was supplied by the accused appellant. As such, considering the seriousness of the offence which resulted in the death of six persons, I find that the appeal has got no force and learned Special Judge SC/ST Act has committed no illegality in passing the impugned order, therefore, the appeal is dismissed.
The learned Special Judge is directed to expedite the trial and disposed of the same, in accordance with law.
Order Date :- 19.8.2021 Mini