Court No. - 59
Case :- CRIMINAL APPEAL No. - 353 of 2018 Appellant :- Sandeep Kumar @ Satish Kumar Yadav @ Lappu Respondent :- State Of U.P.
Counsel for Appellant :- Jahar Singh Kashyap Counsel for Respondent :- G.A.,Dinesh Mishra
Hon'ble Suneet Kumar,J.
Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record.
Learned counsel for the appellant submits that the appellant has been falsely implicated; there is no injury; the incident is alleged to have taken place in an open place which throws doubt on the prosecution case; applicant is languishing in jail since 13.7.2017, hence the appellant may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail contending that victim in her statement under Section 164 Cr.P.C. has categorically stated that the appellant had committed the offence of rape; 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 Sandeep Kumar @ Satish Kumar Yadav @ Lappu involved in Case Crime No. 203 of 2017, under Sections 376D, 506 IPC, 3(2)(5) SC/ST Act, P.S. Pipari, District Kaushambi.
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 :- 27.7.2018 S.Prakash