Court No. - 50
Case :- CRIMINAL APPEAL No. - 2152 of 2021 Appellant :- Anmol Dahiya And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Bhuvnesh Kumar Singh Counsel for Respondent :- G.A.,Abhishek Tiwari
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellants, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellants with the prayer to set aside the order dated 15.04.2021 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Bijnor, in Session Trial No.750 of 2020 arising out of Case Crime No. 125 of 2020, under Sections 307, 504, 506 I.P.C. and 3(2)(5) SC/ST Act, P.S. Kiratpur, District Bijnor.
Contention, in brief, is that the main accused Harsh Kumar who was assigned the role of firing, has already been admitted to bail by coordinate Bench of this Court in Criminal Appeal Defective No.615 of 2020 on 31.08.2020, copy whereof has been annexed as annexure no.6 to this appeal. The appellants have falsely been implicated in this case. No offence has been committed by the appellants. In case the appellants are admitted to bail, there is no possibility of their absconding or misusing the liberty of bail. The appellants have no criminal history and are languishing in jail since 12.03.2021.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellants.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellants 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 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 appellants has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 15.04.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellants Anmol Dahiya and Vishal involved in the aforesaid case crime number for the aforesaid offences 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 appellant shall cooperate in the trial and will not jump the bail.
Order Date :- 30.7.2021 rkg Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.04 11:08:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad