Court No. - 64
Case :- CRIMINAL APPEAL No. - 3398 of 2021 Appellant :- Arjun Patel Respondent :- State of U.P. and Another Counsel for Appellant :- Rakesh Prasad,Mamta Sen Counsel for Respondent :- G.A.,Ruhi Yadav
Hon'ble Saumitra Dayal Singh,J.
1. Counter and rejoinder affidavits filed today are taken on record.
2. Heard Sri Rajesh Mishra learned counsel holding brief of learned counsel for the appellant; Ms. Ruhi Yadav learned counsel for the opposite party No.2; Sri Janardan Prakash , learned AGA for the State and perused the material placed on record.
3. 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 appellant with the prayer to set aside the order dated 03.8.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act/Additional Sessions Judge Allahabad, in Case Crime No. 255 of 2021, under Sections - 302, 201 I.P.C. and Section 3(2)V S.C./S.T. (Prevention of Atrocities) Act, Police Station - Soraon, District - Prayagraj, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 28.3.2021, the appellant is in confinement since 30.3.2021; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; the appellant has no criminal history; chargesheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted by learned counsel for the appellant that the First Information Report was lodged against unknown accused persons upon discovery of the dead body of Bhaskar Saroj; other than the confessional statement of the present appellant, there is neither any direct evidence nor there is any circumstantial evidence; recovery of axe has been made from a drain in absence of any public witness. Also, it has been submitted, the allegations of violation under SC/ST Act are general and made to lend colour to the story.
5. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
6. 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 appellant, cannot be sustained.
7. 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 appellant be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 03.8.2021, rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Arjun Patel, involved in the aforesaid crime be released on bail on his 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 :- 17.12.2021 Faraz