Court No. - 64
Case :- CRIMINAL APPEAL No. - 5073 of 2021 Appellant :- Ajay Kumar And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Jawahar Lal Maurya,Anand Kumar Singh Counsel for Respondent :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today. Taken on record.
2. Though service report is awaited, upon query made, learned AGA states, as per certificate of service dated 19.11.2021, notice of the present appeal has been served on respondent no.2. However, none has appeared on his/her behalf. Accordingly, the matter has been proceeded on merits.
3. Heard Sri Jawahar Lal Maurya, learned counsel for the appellants; Sri Janardan Prakash, learned AGA for the State and perused the material placed on record.
4. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellants with the prayer to set aside the order dated 01.11.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Kaushambi, in Case Crime No. 1 of 2018, under Sections - . 323, 325, 504, 506 I.P.C. and Sections 3(2)(va) and 3(1)(Dha) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Mohabbatpur Paisa, District - Kaushambi, whereby bail application of the appellants have been rejected.
5. At the outset, learned counsel for the appellants submits, against the FIR lodged on 04.01.2018, the appellants are in confinement since 01.11.2021; the appellants claim to have cooperated in the investigation; criminal history has been explained by means of the supplementary affidavit; on prima facie basis, it has been submitted, a petty quarrel had erupted at the spur of the moment wherein both parties received injuries. There is a cross FIR. The nature of injuries are simple and general role assignment is claimed. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
6. Learned A.G.A. has vehemently opposed the prayer for bail of the appellants.
7. Having heard learned counsel for the parties and having perused the record, at present, the order passed by the learned court below rejecting the bail application filed by the appellants, cannot be sustained.
8. Without drawing any inference as to facts, in view of the above noted facts & submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellants be enlarged on bail at this stage.
9. Accordingly, this appeal is allowed and the impugned order dated 01.11.2021, rejecting the bail of the appellants is set aside.
10. Let the accused-appellants, namely, Ajay Kumar and Ashok Kumar, involved in the aforesaid crime be released on bail on their furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellants shall cooperate in the trial and will not jump the bail.
Order Date :- 24.12.2021 Abhilash