Court No. - 51
Case :- CRIMINAL APPEAL No. - 6802 of 2017 Appellant :- Ritesh Kumari Respondent :- State Of U.P.
Counsel for Appellant :- T.K. Mishra,Yogesh Tiwari Counsel for Respondent :- Govt.Advocate
Hon'ble Vipin Sinha,J.
Hon'ble Ifaqat Ali Khan,J.
This is the second bail application. First bail application was rejected for want of prosecution by another Bench of this Court.
This is a second bail application. Kumari Meera, learned A.G.A. has strongly pressed the prayer for bail and has placing reliance upon the dying deceleration. The Court has perused the dying deceleration which shows that:-
,Mh,e& feVVh dk rsy fdlus Mkyk \ :ie& mlh us Mkyk ,Mh,e& D;k uke gS ml vkSjr dk \ :ie& fjrs"kA ,Mh,e& feVVh dk rsy fdlus Mkyk \ :ie& mlh us Mkyk ,Mh,e& ifr us \ :ie& ugh j[kSy us ,lMh,e& mldk uke D;k gS] j[kSy dk \ :ie & fjrs"k] ,Mh,e& feVVh dk rsy Mky fn;k mlus] fQj D;k gqvk \ :ie& vkSj tSls ekfpl NksbZ ,Mh,e& fdlus tykbZ ekfpl \ :ie&ml us NksbZ ,Mh,e& j[kSy us \ :ie& gkW] In view of the aforesaid facts and circumstances of the case and also looking to the fact that specific role of firing has been assigned to the appellants and the fact that postmortem report corroborates the prosecution case, no case for grant of any indulgence is made out. Accordingly, the bail application is rejected .
However, looking to the facts and circumstances of the case the hearing of the appeal is expedited under Chapter-VIII Rule 33A of the Rules of the High Court.
Let the paper book be prepared within two months from today and thereafter appeal be listed for hearing before appropriate Bench.
Order Date :- 14.9.2018 Swati