Court No. - 59
Case :- CRIMINAL APPEAL No. - 3747 of 2018 Appellant :- Sant Ram Awasthi Respondent :- State Of U.P. And Another Counsel for Appellant :- Rajesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J.
Rejoinder affidavit filed today is taken on record.
Service upon the informant/complainant has been effected. Heard learned counsel for the appellant and learned A.G.A.
This criminal appeal has been filed against order dated 22.05.2018 passed by the Additional Sessions Judge/Special Judge (SC/ST Act), Banda in Bail Application No. 38 of 2018 arising out of Case Crime No. 208 of 2017, under Section 302 I.P.C. and 3(2)(5) SC/ST Act, Police Station Kotwali Dehat, District Banda, whereby, bail application of appellant was rejected.
As per prosecution case, unknown person is said to have committed the murder of the deceased; evidence shows that the appellant has been assigned the role of causing injury to the deceased by iron rod; assault weapon has been recovered on his pointing out.
Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the present case; appellant is not named in the F.I.R.; there is no motive to commit the murder; appellant is languishing in jail since 16.02.2018, he is entitled to be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail and submits that main allegation is against the appellant of having caused iron rod assault upon the deceased. It is not in the public interest to enlarge the appellant on bail.
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.
Accordingly, the criminal appeal is rejected.
The trial court is directed to expedite the trial of the aforesaid case and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order, if, there is no legal impediment.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 5.9.2018 K.K. Maurya