Neutral Citation No. - 2025:AHC:37494 Court No. - 80 Case :- CRIMINAL APPEAL No. - 11764 of 2024 Appellant :- Karnail Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Dinesh Kumar Gupta Counsel for Respondent :- G.A.,Laxmi Kant Bhatt Hon'ble Nalin Kumar Srivastava,J. 1. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 16.10.2024 passed by the Special Judge (SC/ST Act), Meerut in Case Crime No. 105 of 2022, under Section 302 I.P.C. and Section 3(2)5 SC/ST Act, Police Station Hastinapur, District Meerut. 2. Heard learned counsel for the appellant, the learned AGA for the State as well as learned counsel for the opposite party No. 2 and perused the entire record. 3. The prosecution story in nutshell is that on 30.04.2022 at about 4.00 P.M. named accused persons Manish, Sachin and Jony took away Akash, the younger brother of the informant Sonu with them. Subsequently when he could not be traced and the accused persons also ignored query made by the informant suspicion arose in the mind of the informant against the named accused persons because at about three days prior to the incident they had bitterly assaulted Akash and also threatened for life. On 01.05.2022 the informant came to know that his younger brother was murdered and his dead body was thrown near a drainage. F.I.R. was lodged and subsequently charge sheet was submitted in this matter. 4. It is submitted by learned counsel for the appellant that the appellant is innocent, he has not committed the alleged offence and has been falsely implicated in this case. Alleged offences are not attracted against him. It is further submitted that the appellant is not named in the F.I.R. and even there is no whisper regarding his involvement in the occurrence in the entire F.I.R. It is next submitted that dead body of the deceased has not been retrieved on the pointing out of the present appellant. It is also submitted that in the postmortem report cause of death has been found asphyxia as a result of ante-mortem strangulation. It is next submitted that although police has shown recovery of nylon rope on the pointing out of the appellant but the whole story of recovery is false and concocted against the appellant. It is also submitted that all the accused persons had taken away the deceased with them but however the prosecution story has been changed and last seen evidence has been procured against the appellant. It is next submitted that charge sheet in this matter was submitted in the year 2022 but still no witness has been examined. The appellant is under trial prisoner and unnecessarily detained in jail as the trial is not proceeding before the trial court. It is also submitted that the appellant is languishing in jail since 02.05.2022 having no criminal history to his credit. 5. On the other hand, learned AGA as well as learned counsel for the opposite party no. 2 opposed the prayer for bail and it has been submitted that the trial court is making all the efforts for production of the witnesses. It is next submitted that although the appellant is not named in the F.I.R. but specific statements of Chandra Mohan, his wife Smt. Komal and Sushil have been recorded by the Investigating Officer wherein it is stated that on 30.04.2022 at about 6.00 P.M. the deceased met with the appellant Karnail Singh on motorcycle and further witness Sushil, who was interrogated by the Investigating Officer, has also narrated the same story and has stated that on 30.04.2022 at about 9.00 P.M. he had seen the deceased in the company of the present appellant on the motorcycle. It is also submitted that postmortem of the dead body of the deceased was conducted on 01.05.2022 and time since death was opined by the doctor as half to one day and this period denotes with the time of last seen together as narrated by the witnesses Chandra Mohan, Smt. Komal and Sushil. It is further submitted that the nylon rope was recovered on the pointing out of the appellant and the deceased was strangulated by same rope. It is next submitted that after collecting ample evidence against the appellant charge sheet was also submitted against him. It is also submitted that three accused persons Manish, Sachin and Jony were named in the F.I.R. on account of some misunderstanding of the brother of Akash. It is also submitted that there is no possibility of false implication of the appellant in this case. 6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully. 7. Having regard to the facts and circumstances of the case and keeping in view the gravity of the offence, evidence, complicity of the accused, role of the appellant and also keeping in view the specific statements of Chandra Mohan, his wife Smt. Komal and Sushil that they had seen the deceased in the company of the appellant on the motorcycle, this Court is of the opinion that no ground for bail is made out and the appeal deserves to be dismissed. 8. Accordingly, the appeal is dismissed. 9. The trial court is directed to make all the endeavours to conclude the trial as expeditiously as possible and if possible within a period of two years from the date of production of certified copy of this order as the appellant is under trial prisoner. Order Date :- 17.3.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad