Counter affidavit and rejoinder affidavit both filed today by learned AGA for the State and learned counsel for the appellant is taken on record.
Heard learned Counsel for the appellant-applicant, learned AGA and perused the record.
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-Amit @ Dewa with the prayer to set aside the order dated 27.9.2019 passed by learned Addl. District and Sessions Judge-IInd/Special Judge (SC/ST Act), Hapur in Bail Application No. 12 of 2019 rejecting the bail application in Case Crime No. 397 of 2019 under Sections 302, 404, 411, 34 I.P.C. and Section 3(2)(V) SC/ST Act, P.S.- Hapur Kotwali, District- Hapur.
Allegations in the first information report are that informant's father who was chaukidaar of the Bharat Gas Godam was strangulated to death and the said information was given to the informant by his neighbour Kalicharan in the morning of 1.7.2019.
It has been submitted by learned Counsel for the appellant-applicant that the appellant is quite innocent and has been falsely implicated for ulterior motives. It is next submitted that the applicant's name has come into light in the statement of the co-accused Lalit, who has also taken the name of one Manish in authoring the alleged offence. It is next submitted that co-accused Lalit and Manish have already been granted bail vide order dated 3.3.2020 and 4.3.2020 in Criminal Appeal No.492 of 2020 and Criminal Misc Bail Application No.46507 of 2019 respectively and hence the applicant is also entitled to be released on bail. It is also submitted that though the charge sheet has been submitted in the present case, but in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicant is languishing in jail since 4.7.2019.
Per contra, the appeal has been opposed vehemently by the learned A.G.A. but he 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 to justify and sustain the order of the court below rejecting the bail applications of the appellants.
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 27.9.2019 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant 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 :- 25.1.2021 Deepika