Court No. - 71
Case :- CRIMINAL APPEAL No. - 1551 of 2019 Appellant :- Ameer Singh Respondent :- State Of U.P. And Another Counsel for Appellant :- Daya Shanker Yadav Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material on record.
This criminal appeal under Section 14 A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 31.1.2019 passed by Special Judge (SC/ST) Act, Etah in Bail Application No. 268 of 2019, arising out of Case Crime no. 106 of 2018, under Section 302 I.P.C. and Section 3(2)V SC/ST Act, P.S. Jasrathpur, district-Etah, seeking bail in the aforesaid sections.
Learned counsel for the appellant submitted that as per prosecution version the dead body of Smt. Sudama Devi was found on 4.9.2018 in the field of informant and the first information report in this regard was lodged on the same day against unknown person. He next submitted that the appellant was not named in the first information report but his name as an accused surfaced for the first time in the statement of co- accused Om Prakash alias Nabbu. There is no direct evidence against the appellant. There is no eye witness of the alleged occurrence. No incriminating article or material has been recovered either from the appellant or on his pointing out. He further submitted that the appellant is absolutely innocent and has been falsely implicated in the present case due to village factional politics. He lastly submitted that the appellant, who is in jail since 18.9.2018 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Per contra learned A.G.A. has opposed the prayer for bail and submitted that co-accused Om Prakash alias Nabbu in his statement has made specific allegation against the appellant, hence he is not entitled to be enlarged on bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to be allowed. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned order dated 31.1.2019 passed by Special Judge (SC/ST) Act, Etah is hereby set aside.
Let the applicant-appellant, Ameer Singh be released on bail in the aforesaid case crime number on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 26.4.2019 Faridul