Court No. - 59
Case :- CRIMINAL APPEAL No. - 4136 of 2018 Appellant :- Saddam Respondent :- State Of U.P. And Another Counsel for Appellant :- Sanjay Kumar Nigam Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record.
This criminal appeal under Section 14A(2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 28.6.2018 passed by the Special Judge (SC/ST Act), Kanpur Dehat in Bail Application No. 1060 of 2018 arising out of Case Crime No. 78 of 2018 under Sections 364, 302, 201, 120B/34 IPC and Section 3(2)(5) of S.C./S.T. Act, Police Station- Billhaur, District Kanpur Nagar seeking bail in the aforesaid sections.
As per the prosecution case, deceased, a child, went missing, on the arrest of co-accused Powder @ Sharbat Ali name of the appellant surfaced of having committed the crime; co-accused Powder in his statement stated that the child was killed by knife and the body was thrown in the river; the assault weapon has been recovered on the pointing out of the appellant.
Learned counsel for the appellant submits that the appellant has been falsely implicated; applicant is languishing in jail since 15.3.2018, hence the appellant may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail contending that it is not in public interest that the appellant be enlarged on bail at this stage.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Saddam involved in Case Crime No. 78 of 2018 under Sections 364, 302, 201, 120B/34 IPC and Section 3(2)(5) of S.C./S.T. Act, Police Station- Billhaur, District Kanpur Nagar.
Accordingly, the criminal appeal is rejected.
However, the trial court is further directed to expedite the trial of the aforesaid case and conclude the same expeditiously from the date of production of a certified copy of this order.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 25.9.2018 S.Prakash