Pramod Second Criminal Appeal v. State Of U.P. And Anr
Case Details
Acts & Sections
Case called out. No one appeared on behalf of the private opposite 1. party No. 2, though order sheet indicate that service of notice is sufficient upon private opposite party No. 2. However, learned AGA is present for the State. 2. case finally. 3. Heard Ms. Kajol, Advocate holding brief of Sri Dhananjai Kumar Tripathi, Advocate and Sri Punit Kumar Shukla, the learned counsel for the appellant and learned A.G.A. for the State and also perused the record. 4. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the order dated order dated 12.11.2020 passed by the court of learned Special Judge, S.C./S.T. Act, Sitapur in Bail Application No. 270 of 2020, arising out of Crime No. 73 of 2017, under Sections 147, 148, 149, 302, 504, 506 I.P.C. and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station- Ramkot, District- Sitapur. 2 CRLA No. - 376 of 2021
5. While pressing the instant appeal, learned counsel for the appellant submitted that the appellant is innocent and he has falsely been implicated in the present case. He further stated that the appellant is in jail since 14.03.2017 and the trial is not proceeding as is required under the law.
6. Learned counsel for the appellant submits that the appellant is in jail for the last more than eight years and is entitled for bail on the ground of period of incarceration. Learned counsel next submitted that in case he appellant is 7. enlarged on bail he will not misuse the liberty of bail and will co-operate in early conclusion of the trial and will not tamper the witnesses. In these circumstances, the appellant is the impugned order is liable to be set aside and the appeal is liable to be allowed. Learned counsel for the appellant in support of his submissions
8. has placed reliance upon the following judgment(s) :-
Case called out. No one appeared on behalf of the private opposite 1. party No. 2, though order sheet indicate that service of notice is sufficient upon private opposite party No. 2. However, learned AGA is present for the State. 2. case finally. 3. Heard Ms. Kajol, Advocate holding brief of Sri Dhananjai Kumar Tripathi, Advocate and Sri Punit Kumar Shukla, the learned counsel for the appellant and learned A.G.A. for the State and also perused the record. 4. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the order dated order dated 12.11.2020 passed by the court of learned Special Judge, S.C./S.T. Act, Sitapur in Bail Application No. 270 of 2020, arising out of Crime No. 73 of 2017, under Sections 147, 148, 149, 302, 504, 506 I.P.C. and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station- Ramkot, District- Sitapur. 2 CRLA No. - 376 of 2021
5. While pressing the instant appeal, learned counsel for the appellant submitted that the appellant is innocent and he has falsely been implicated in the present case. He further stated that the appellant is in jail since 14.03.2017 and the trial is not proceeding as is required under the law.
6. Learned counsel for the appellant submits that the appellant is in jail for the last more than eight years and is entitled for bail on the ground of period of incarceration. Learned counsel next submitted that in case he appellant is 7. enlarged on bail he will not misuse the liberty of bail and will co-operate in early conclusion of the trial and will not tamper the witnesses. In these circumstances, the appellant is the impugned order is liable to be set aside and the appeal is liable to be allowed. Learned counsel for the appellant in support of his submissions
8. has placed reliance upon the following judgment(s) :-