Heard Sri Dheeraj Kumar Singh, 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- Anwar Shah @ Anand Tiwari with the prayer to set aside the bail rejection order dated 21.8.2019 passed by learned Special Judge (SC/ST Act) Kanpur Nagar in Bail Application No. 2394 of 2019 in Case Crime No. 170 of 2017 under Sections 302, 201, 364, 404 I.P.C. and Section 3(2)(V) SC/ST Act, P.S.- Maharajpur District- Kanpur Nagar.
As per the allegations made in the first information report, a body was found in a sack which was located by one Haripal Yadav, the Pradhan. The report was lodged accordingly against the unknown person. It transpires that the body got later identified and the statements of mother and sister of victim were recorded in which they have taken the name of co-accused Pramod Kumar Upadhyay who was having illicit relation with the victim. Certain jewellery items were recovered from the jeweller only.
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 also argued that co-accused Pramod Kumar Upadhyay has been granted bail by this Court vide order dated 24.10.2018 allowing his appeal bearing Appeal No. 5424 of 2018. It is further argued by the learned counsel that the applicant has no criminal history to his credit and further that in the wake of heavy pendency of cases in the Court, there is no chance of early conclusion of the trial. The applicant is languishing in jail since 20.5.2018.
Though 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 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 21.8.2019 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 :- 12.2.2021 Arif