Court No. - 59
Case :- CRIMINAL APPEAL No. - 3910 of 2018 Appellant :- Vivek Chauhan Respondent :- State Of U.P. And Another Counsel for Appellant :- Ajeet Srivastava Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J.
As per office report dated 27 August 2018, notice upon the informant has been duly served. None appeared on behalf of the informant.
Learned A.G.A. has not filed counter affidavit.
Heard learned counsel for appellant, learned Additional Government Advocate for the State-respondent and perused the paper book.
This criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, has been filed challenging the order dated 11.06.2018 passed by the Special Judge, SC/ST Act, District Ghazipur, in Bail Application No. 64 of 2018 (Vivek Chauhan Vs. State of U.P.), arising out of Case Crime No. 20 of 2018, under Sections 302, 201 I.P.C. and 3(2)5 SC/ST Act, P.S. Bahariyabad, District Ghazipur, seeking bail in the aforesaid sections.
As per prosecution case, deceased went at about 11:00 A.M. but did not return; on the following day, her body was found in the field; postmortem examination report shows nine injuries on the body of the deceased; name of the applicant surfaced in the statement of the witness; during investigation, on the basis of C.D.R., applicant was arrested; assault weapon (knife) and blood stained salwaar of the deceased was recovered on the pointing out of the applicant.
Learned Additional Government Advocate opposed the prayer for bail and submits that it will not be in public interest in case applicant is released 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 :- 12.9.2018 Mukesh Kr.