Court No. - 53
Case :- CRIMINAL APPEAL No. - 4403 of 2018 Appellant :- Apoorva Chaudhary @ Mannu Respondent :- State Of U.P. And Another Counsel for Appellant :- Nazrul Islam Jafri, Gufran Ahmad Khan Counsel for Respondent :- G.A.,Krishna Gopal
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Nazrul Islam Jafri, learned counsel for the appellant, Sri Om Prakash, learned A.G.A., for the State and Sri Krishna Gopal, learned counsel for the respondent No. 2. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 2.7.2018 passed by the Special Judge (S.C./S.T. Act), Bareilly in Bail Application No. 2382 of 2018 (Apoorva Chaudhary @ Mannu Vs. State of U.P.) arising out of Case Crime No. 423 of 2018, under Sections 302, 201 of I.P.C., and Section 3 (2) (5) of S.C./S.T. Act, Police Station-Baradari, District-Bareilly, seeking bail in the aforesaid Sections.
As per prosecution version, Km. Dauli was maid servant of Piyush Chaudhary. On 1.5.2018 at about 7:00 AM, she had gone at the residence of Piyush Chaudhary to do his domestic work. In between 1:00 PM to1:30 PM, informant received phone call that her daughter is injured at the residence of Piyush Chaudhary. Dead body of Km. Dauli was lying at the first floor of residence of Piyush Chaudhary. First information report was lodged on the same day against Piyush Chaudhary.
Learned counsel for the appellant contended that the appellant is not named in the first information report. Piyush Chaudhary who is named in the first information report is exonerated by the police. During investigation, appellant has been made accused on the basis of statement of Smt. Ram Kali for the first time, whose statement was recorded by the Investigating Officer on 14.6.2018 i.e. after one month of the occurrence. Before the statement of Smt. Ram Kali, appellant was arrested by the police, only on the basis of suspicion on 2.5.2018. Except the statement of Smt. Ram Kali before the Investigating Officer, there is no other evidence against the appellant. Appellant is languishing in jail since 2.5.2018 and he has no criminal antecedent. Lastly, learned counsel for the appellant contended that Km. Dauli has committed suicide due to depression.
Per contra, learned A.G.A., and learned counsel for the respondent No. 2 have opposed the prayer for bail and submitted that there is no infirmity in the order passed by the learned trial court. Appellant has illicit relationship with Km. Dauli. Appellant is the son of Piyush Chaudhary. They have admitted this fact that except recovery of the dead-body from the residence of appellant and statement of Smt. Ram Kali before the Investigating Officer, there is no other evidence against the appellant.
Appellant is not named in the FIR. Smt. Ram Kali is resident of same vicinity of informant, even though, her statement under Section 161 Cr.P.C., was recorded by the Investigating Officer on 14.6.2018 at very belated stage without any explanation.
Without expressing any opinion on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to allowed. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant Apoorva Chaudhary @ Mannu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 29.1.2019 Jaswant