An appeal was filed challenging a bail rejection order in a murder case under the SC/ST Act. The High Court upheld the trial court's decision to reject bail and directed the trial court to conclude the trial within six months, ensuring witness presence.
Bail application rejected; appeal dismissed; trial directed to conclude within six months.
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Court No. - 71 Case :- CRIMINAL APPEAL No. - 3150 of 2019 Appellant :- Monu Singh Respondent :- State Of U.P. Counsel for Appellant :- Chandra Dutt Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant-accused and the learned A.G.A., for the State. Sri S.K.Singh has filed his parcha on behalf of the opposite party no.2. Perused the record. Counter affidavit filed today on behalf of the State, is taken on record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 25.02.2019 passed by the learned Second Additional Session Judge/Special Judge SC/ST Act, Kanpur Nagar in Bail Application No.497 of 2019 (Monu Singh Vs. State of U.P.) in Special Criminal Case No.37 of 2019, arising out of Case Crime No.361 of 2018, under Sections 302, 307 I.P.C. and Section 3(2)5 SC/ST Act, P.S. Govind Nagar, District Kanpur Nagar, seeking bail in the aforesaid sections.
As per first information report versions, the deceased Vipin was assaulted by the present appellant with an axe and the deceased succumbed to the injuries and one Surendra Kumar had also received grievous injuries in the assault. The deceased Vipin has received three incised wounds and one contusion and the injured Surendra Kumar had also received grievous injuries on his neck, copy of the injury report has been annexed on page no.40 of the paper book.
Learned counsel for the appellant/accused submitted that the accused/appellant is quite innocent and has been falsely implicated in the present case due to village party bandi. He submitted that the appellant is languishing in jail since 12.11.2018.
Per contra, learned counsel for the opposite party no.2 and the learned A.G.A., for the State have opposed the prayer for bail and submitted that the present appellant has been assigned the main role of assault to the deceased and the injured Surendra Kumar and the injured has also specifically stated in his statement, recorded under Section 161 Cr.P.C. that the present appellant had hit the deceased with an axe and he has also assaulted the injured, Surendra Kumar with an axe.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case and particularly the fact that the present appellant is the main accused, without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage.
Accordingly, the prayer for bail application stands rejected and appeal is dismissed.
The trial court is directed to expedite proceedings and conclude the trial as expeditiously as possible within six months next from the receipt of a certified copy of this order in accordance with Section 309 Cr.P.C., if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate strict coercive measure for ensuring their presence. Once, the witnesses appear, they will not be discharged until their evidence is recorded.
Order Date :- 20.5.2019R./
2 issues framed by the court
Whether the appellant is eligible for bail in a case involving murder under the SC/ST Act.
Whether the trial court should be directed to expedite the trial proceedings under Cr.P.C. Section 309.
3 provisions across 3 enactments
Monu Singh
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
