Heard Sri Kamlesh Kumar Tiwari, learned counsel for the appellant and 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 appellant with the prayer to set aside the order dated 23rd October, 2020 passed by Special Judge, SC/ ST (Prevention of Atrocities) Act, Gorakhpur in Bail Application No.- 2742 of 2020 rejecting the bail application arising out of Case Crime No.- 38 of 2020 under Sections 147, 148, 149, 308, 315, 323, 325, 504, 506 I.P.C. and Sections 3(2)(V) of SC/ST (Prevention of Atrocities) Act, Police Station- Harpur Budhat, District- Gorakhpur.
As per the allegations made in the first information report all the accused persons named in the first information report allegedly physically assaulted the informant and other family members, resultantly the informant and other family members have suffered several injuries. The injury report has been brought on record.
Learned counsel for the appellant has argued that as far as the applicant is concerned, he has assigned only general role of physical assault otherwise in the statement of injured Vinod, the name of Ankit Mishra, Ropan Mishra, Tinku Mishra, Madan Mishra have been assigned the role of physical assault. The name of Rakesh Mishra has not been taken by injured witness nor, his name has been taken by injured Smt. Sheela another injured person who was allegedly hit by Shibran and Anand Mishra. It is also submitted that co-accused person, namely, Anand Mishra has already been granted bail by this Court on 24th November, 2020 in Criminal Appeal No.- 2564 of 2020. It is further stated that there is no previous criminal history to the credit of the applicant. 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. The appellant is languishing in jail since 14th September, 2020.
Learned Additional Government Advocate has though opposed the bail of the appellant but could not dispute the aforesaid facts.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant-applicant 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 appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 23rd October, 2020 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Abhishek @ Vikky Mishra involved in the aforesaid crime be released on bail on his 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 :- 12.1.2021 Atmesh