Court No. - 29
Case :- CRIMINAL APPEAL No. - 6721 of 2018 Appellant :- Suraj Pal Respondent :- State of U.P. and Another Counsel for Appellant :- Ajay Kumar,Dileep Kumar,Jitendra Kumar Mishra,Rajrshi Gupta Counsel for Respondent :- G.A.,Deepak Kumar Kulshrestha, Ms. Meena
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
This appeal has been filed against the order dated 26.02.2018 by which the bail application under Section 439 Cr.P.C. was dismissed. The bail application was filed in reference to FIR No. 239 of 2017 for the offence under Section 302 Indian Penal Code and 3(2)(v) of SC/ST Act registered at Police Station Barnahal, District Mainpuri.
Learned counsel for the appellant submits that as per the story given in the first information report itself, all the accused run away from the place of occurrence then it becomes clear that none had seen them. In view of the above, their implication becomes false. The allegation is otherwise for opening fire on the deceased but specific allegation does not exist against one accused out of many for causing aforesaid occurrence, thus the allegations for causing occurrence are also unspecific. Hence, by setting aside the order of the Court below, the appellant be enlarged on bail.
The appeal has been contested by Ms. Meena, learned AGA for the non-respondent. She submits that complete description of the incident has been given in which all the four accused participated. They opened fire on the deceased and is corroborated by the post mortem report showing injuries out of firearm. The name of the accused was given in the FIR itself.
The incident was caused in the presence of the deceased's wife. Looking to the aforesaid, the appeal may be dismissed.
I have considered the submissions made by learned counsel for the parties.
The main argument raised by the appellant is of absence of eye- witness though exists. All the accused run away from the place of occurrence after causing occurrence. The post mortem report shows firearm injuries. At this stage, any comment on the merit of this case may affect either of the parties in the trial. Taking into consideration overall facts on record, I do not find a case for bail. Accordingly, the appeal is dismissed.
However, the trial Court is directed to expedite the trial and for which, the prosecution so as the accused are directed to cooperate with the trial Court.
Order Date :- 29.7.2021 Shubham .
(Munishwar Nath Bhandari, A.C.J.)