Munna Quraisi @ Mohammad Ahmad vs State Of U.P.
2021 Latest Caselaw 8773 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 30
 

 
Case :- CRIMINAL APPEAL No. - 803 of 2019
 

 
Appellant :- Munna Quraisi @ Mohammad Ahmad
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Shaquiel Ahmad,Jalaj Kumar Gupta
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Suresh Kumar Gupta,J.

Heard learned counsel for the applicant/appellant, learned A.G.A. for the State and perused the material available on record.

This appeal has been preferred under Section 14 A (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the judgment and order dated 29.11.2018 passed by Additional Session Judge, Court No.2, District- Lakhimpur, rejecting Bail Application of appellant in Bail Application No.261/2018, Crime No.889/2018, under Section 302 I.P.C. and 3 (2) V S.C./S.T. Act, Police Station- Tambaur, District- Lakhimpur Kheri.

Learned counsel for appellant has submitted that the appellant is innocent and has falsely been implicated in the aforesaid crime on the basis of political vendetta. Learned counsel further submitted that on perusal of the F.I.R., it transpires that the appellant is not named in the F.I.R. and further submitted that as per prosecution case alleged incident occurred in the dark night and no source of light available. It is not stated by any witness how and which source of light they identified the accused and it is also submitted that nothing incriminating recovered from the possession of the appellant at the time of his arrest. Police party falsely recovered the weapon of assault to show good work. Appellant has no previous criminal history and languishing in jail since 09.08.2018. If the appellant is released on bail, he would not misuse the liberty of bail.

Learned A.G.A. for the State vehemently opposed the prayer for bail and has submitted that there is no illegality in the impugned order. It is also submitted that blood stain cloth as well as blood stain knife recovered from the possession of the appellant which clearly show the indulgence of the appellant in above alleged offence. It is also submitted that direct evidence also available against the appellant. Hence the applicant is not entitled for bail and the bail application is liable to be rejected.

After hearing the rival submissions of the parties, and perused the record, without expressing any opinion on merits, I find that it is a not a fit case for grant of bail of appellant/applicant.

Appeal is hereby rejected.

Learned trial court is directed to conclude the trial within a period of one year without seeking unnecessary adjournment.

Order Date :- 27.7.2021

sks