Court No. - 88
Case :- CRIMINAL APPEAL DEFECTIVE No. - 1279 of 2020 Appellant :- Abhishek Gupta And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Ajay Srivastava Counsel for Respondent :- G.A.
Hon'ble Ajit Kumar,J.
Ref:- Criminal Misc. Exemption Application No.2 of 2020 Heard learned counsel for the parties.
The defects with regard to the certified copy of the first information report, however, photocopy of the chik report has been annexed and learned Additional Government Advocate has verified the same from his original records, received from the Investigating Officer and verified the same from his own records.
The exemption application is allowed. Accordingly, appeal is treated to be regular number. Order of Appeal Heard Sri Ajay Srivastava, learned counsel for the appellants and Sri S.N. Mishra, learned Additional Government Advocate for the State respondents.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellants with the prayer to set aside the order dated 19th November, 2020 passed by Special Judge, SC/ ST (Prevention & Atrocities) Act, Ghazipur in Bail Application No.- 1915 of 2020 rejecting the bail application arising out of Case Crime No.- 42 of 2020 under Sections 295A, 504, 352, 427 I.P.C. and Sections 3(1)(da) and 3(2)(Va), 3(1)(dha) of SC/ST (P. & A.) Act, Police Station- Nonhara, District- Ghazipur.
As per the allegations in the first information report, the applicants are the accused persons along with one Ravi who, it is alleged, vandalized the statue of Dr. Ambedkar by pelting stones and bricks and also used the abusive language towards informant with casteist remarks when he objected to.
Learned counsel for the appellants argued that the appellant No.1 has a dhaba, where some heated words took place between the informant and the appellants inasmuch as the statue had itself been in a dilapidated condition and the informant had to reconstruct the statue of Dr. Ambedkar and the informant unnecessarily implicated the appellants in this case. It is further submitted that the applicants have no criminal history. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial.
Learned Additional Government Advocate has opposed the bail of the applicants but could not dispute the fact that there is no criminal history to the credit of the applicants.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellants-applicants has been rejected, impugned herein this appeal.
Nothing convincing has been argued on behalf of the complainant/ State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellants has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 19th November, 2020 rejecting the bail of the appellants is set aside.
Let the accused-appellants, namely, Abhishek Gupta and Vikas Singh involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail.
The concerned Court/ Authority/ Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 Atmesh