Court No. - 59
Case :- CRIMINAL APPEAL No. - 1604 of 2018 Appellant :- Santosh Singh Respondent :- State Of U.P. And Another Counsel for Appellant :- Amrendra Pratap Singh,Subhendra Singh 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.
Learned counsel for the appellant submits that the prosecution case is false; as alleged that screaming of the deceased cannot be heard from the distance of 500 meters; no specific role has been assigned to the accused; general role has been assigned to all the co-accused, namely, Gappu Singh @ Santosh Singh and Hariom Singh have already been enlarged on bail vide order of different coordinate benches of this Court; the applicant is languishing in jail since 28.1.2017, hence the applicant may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail contending that case of the appellant is distinguishable from the co-accused persons, who have already enlarged on bail; specific role has been assigned to the appellant by assaulting the deceased with stones and bricks, whereas, the co-accused have been assigned the role of beating the deceased with fists and legs.
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 appellant Santosh Singh involved in Case Crime No. 87 of 2017, under Sections 302, 504 I.P.C., P.S. Dubauliya, District Basti.
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 :- 26.7.2018 S.Prakash