Court No. - 49
Case :- CRIMINAL REVISION No. - 2427 of 2018 Revisionist :- Satya Dev Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State.
The present criminal revision has been filed against the order dated 05.05.2018 passed by the Additional Sessions Judge/Special Judge, E.C. Act, Gorakhpur in Sessions Trial No. 22 of 2015 (State Vs. Bhabhuti and others) arising out of Case Crime No.99 of 2014 under Sections 302/34, 120-B IPC, P.S. Sikriganj, District Gorakhpur by which the applicants had been summoned under Section 319 Cr.P.C.
Learned counsel for the revisionist submits that revisionist had been named in the FIR, however, no credible material had emerged during the investigation to implicate the present revisionist. Accordingly, the police had not charged the revisionist.
During trial, three witness appear to have named the revisionist. One of them has disclosed himself to be the eye witness of the incident. According to such testimony specific role has been assigned to the revisionist at the time of assault.
Learned counsel for the revisionist submits that aforesaid prosecution witness is an interested witness being uncle of the informant and no weight may be given to such testimony at this stage and that no strong satisfaction exists in the present case to summon the revisionist at this stage.
Having perused the order impugned and the testimony relied therein, at this stage no conclusion may be drawn to disbelieve the clear testimony of a prosecution eye witness which if unrebutted may lead to conviction of the revisionist.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the revisionist appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this criminal revision is finally
disposed of.
Order Date :- 30.7.2018/Meenu