Court No. - 64
Case :- CRIMINAL APPEAL No. - 5380 of 2021 Appellant :- Anil Kumar And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Prakash Chandra Srivastava Counsel for Respondent :- A.G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Prakash Chandra Srivastava, learned counsel for the appellants; Sri Pankaj Kumar Singh learned counsel for the opposite party No.2; Sri Janardan Prakash, learned AGA for the State and perused the material placed on record.
2. 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 29.10.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Allahabad, in Case Crime No. 07 of 2021, under Sections -
306 I.P.C. and Section 3(2)V S.C./S.T. (Prevention of Atrocities) Act, Police Station - Jhunsi , District - Prayagraj, whereby bail application of the appellants have been rejected.
3. At the outset, learned counsel for the appellants submits, against the FIR lodged on 03.1.2021, the appellants are in confinement since 14.10.2021; the appellants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest; the appellants have no criminal history; though status of investigation is not known however, at present, no justifiable cause has been shown to continue the detention of the appellants for an indefinite period; on prima facie basis, it has been submitted that the occurrence was purely suicidal; there is no material collected of any positive act committed by the appellants as may have provoked the deceased to commit suicide; in any case the earlier incident relied upon by the informant did not involve the present appellants. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
4. Learned A.G.A. and the learned counsel for the informant have vehemently opposed the prayer for bail of the appellants.
5. 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.
6. 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.
7. Accordingly, this appeal is allowed and the impugned order dated 29.10.2021, rejecting the bail of the appellants is set aside.
8. Let the accused-appellants, namely, Anil Kumar and Sunil Kumar @ Ashish Singh, 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 :- 22.12.2021 Faraz