Om Prakash v. State of U.P.

Court No. - 88

Case :- CRIMINAL APPEAL No. - 2681 of 2020

Appellant :- Om Prakash Respondent :- State of U.P. Counsel for Appellant :- Pankaj Kumar Mishra Counsel for Respondent :- G.A.

Hon'ble Ajit Kumar,J.

Heard Sri Pankaj Kumar Mishra, learned Counsel for the appellant-applicant, learned AGA and perused the record.

This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant- Om Prakash with the prayer to set aside the bail rejection order dated 28.02.2020 passed by learned Special Judge (SC/ST Act), Aligarh in Bail Application No. 367 of 2020 in Case Crime No. 15 of 2020, under Sections 363 I.P.C. and Section 3(2)(5A) SC/ST Act, P.S.Mundrak, District- Aligarh.

As per the allegations made in the first information report, the informant's son aged about one year got missing and accordingly he lodged the first information report against unknown. Later on it appears, the recovery has been made of the missing boy from the possession of Manoj.

It has been submitted by learned Counsel for the appellantapplicant that the appellant is quite innocent and has been falsely implicated for ulterior motives. It is also argued that it is the Manoj who is the real brother of the informant who had committed the crime and had lifted the boy and in order to save himself he has taken the name of Om Prakash who has been working with him in a Lock manufacturing company. It is argued that the recovery has been falsely shown, in fact Manoj had lifted the child who is the real brother of informant and is the main culprit and the role of present applicant is only to the effect that he had consulted Manoj once for the adoption of child to one Ram Babu Sharma and except for this, there is no role of the present applicant. It is further argued by the learned counsel that the applicant has no criminal history to his credit. However, in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicant is languishing in jail since 02.02.2020