Court No. - 59
Case :- CRIMINAL APPEAL No. - 7458 of 2017 Appellant :- Teetu @ Virendra Respondent :- State Of U.P. And 2 Ors.
Counsel for Appellant :- Dheeraj Singh (Bohra),G.S. Chaturvedi,Somya Chaturvedi Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the appellant-applicant, learned A.G.A. for the State and perused the record.
This criminal appeal under Section 14A(ii) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 2015 has been filed against the order dated 28.11.2017 passed by the District Judge, Aligarh, in Criminal Misc. Bail Application No. 4859 of 2017(Teetu @ Virendra Vs. State of U.P.), arising out of Case Crime No. 1058 of 2016, under Sections 302, 201, I.P.C. and Section 3(2)(5) of S.C./S.T. Act, Police Station- Quarsi, District Aligarh, seeking bail in the aforesaid sections. It is urged that the deceased was working in a college where the appellant-applicant was a clerk and was involved in money lending business; on telephone call of the appellant-applicant, the deceased left her home to get money from the appellant- applicant and also for medicines and thereafter her dead body was found; post mortem report reflects incised wound on her neck which is the cause of death. On the pointing out of the appellant-applicant, assault weapon i.e. knife was recovered.
Learned Senior Counsel for the appellant-applicant submits that the assault weapon does not link the appellant-applicant in commission of the offence. It is submitted that the deceased was going to get money from the appellant-applicant and also for purchase of medicines at the chemist shop, therefore, it cannot be said that the appellant-applicant is involved in commission of offence.
Learned AGA opposed the prayer for bail contending that motive of murder was money lending; the assault weapon has been recovered on the pointing out of the applicant; it will not be in the interest of justice in case the appellant-applicant is enlarged on bail.
Considering the facts and circumstances of the case, I am not inclined to allow the appeal at this stage.
The appeal is, accordingly, dismissed.
The trial Court is directed to expedite the trial and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order provided there is no other impediment.
Office is directed to send a certified copy of this order to the trial Court concerned for immediate compliance.
Order Date :- 31.7.2018 VKG