Court No. - 50
Case :- CRIMINAL APPEAL No. - 3213 of 2021 Appellant :- Amit Sharma Respondent :- State of U.P. and Another Counsel for Appellant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned Additional Government Advocate for the State 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 with the prayer to set aside the order dated 20.10.2020 passed by Special Judge (S.C.S.T. Act), Kanpur Nagar in State versus Vishnu Sharma, under Sections 363, 302, 201 I.P.C. and 3(2)5 S.C.s.T. Act, Police Station Bithur, District Kanpur Nagar arising out of Case Crime No.335 of 2020 (Special Criminal Case No.63 of 2020).
Argument on behalf of the appellant has been extended to the effect that in this case, appellant is not named in the FIR. He further submits that the appellant is innocent and has been falsely implicated in this case. He was not arrested on the spot. Nothing incriminating has been recovered from the possession of the appellant. He added that suspicion and conjuncture is the bas of involvement of the appellant in this case and except that there is nothing concrete against the appellant. Under the similar set of facts co- accused Vishnu Sharma has already been admitted to bail by this Court on 15.3.2021 in Criminal Appeal No.3719 of 2020, copy whereof has been annexed as Annexure No.11 to the affidavit filed in support of this appeal. The applicant has no criminal history and is languishing in jail since 02.06.2020 in the present case.
Learned Additional Government Advocate has though opposed the bail of the appellant but could not dispute the aforesaid fact.
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 20.10.2020 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Amit Sharma 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 :- 25.10.2021 Raj