Court No. - 29
Case :- CRIMINAL APPEAL No. - 3887 of 2018 Appellant :- Roop Singh Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Sanjay Tripathi,Pankaj Tripathi Counsel for Respondent :- G.A.,Virendra Kumar Gupta
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
By this appeal, a challenge is made to the order dated 27.04.2018 passed by learned Incharge Special Judge S.C./S.T./Additional Sessions Judge, Court No. 2, Mahoba in Bail Application No. 260 of 2018 arising out of Case Crime No. 299 of 2017 under Sections 302 IPC and 3(2)5 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Shrinagar, District Mahoba by which the bail application preferred by the appellant was dismissed.
During the course of investigation, not only the axe used in the occurrence was recovered but the injury report shows injury on the vital part by the axe. The eye-witnesses have made a statement against the appellant for causing injury by the axe.
In view of the aforesaid, I do not find a case for grant of bail. However, the facts narrated above are only in reference to the bail application and the appeal thereupon but would not affect the trial in any manner.
Looking to the facts aforesaid, I am unable to accept the only ground urged by the appellant in regard to rivalry between two groups.
In view of the above, I do not find any ground to cause interference in the order dated 27.04.2018 dismissing the bail application. The appeal is dismissed.
It is made clear that any observation made in this case would not affect the trial. However, the trial Court is directed to expedite the trial.
Order Date :- 29.7.2021 Shubham .
(Munishwar Nath Bhandari, A.C.J.)