Court No. - 64
Case :- CRIMINAL APPEAL No. - 3917 of 2021 Appellant :- Arjun And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Krishna Kant Yadav,Mahabir Yadav,Najakat Ali Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Mahabir Yadav, learned counsel for the appellants; Sri Dharmendra Kumar Rajput, Advocate, holding brief of learned counsel for the informant; Sri Vikas Goswami, 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 23.06.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Rampur, in Case Crime No. 83 of 2021, under Sections - 307, 323, 504 I.P.C. and Section 3(2)(V) and 3(1)(r) S.C./S.T.
(Prevention of Atrocities) Act, Police Station - Patwai, District - Rampur, whereby bail application of the appellants have been rejected.
3. At the outset, learned counsel for the appellants submits, against the FIR lodged on 17.04.2021, appellant no.1 is in confinement since 29.05.2021 and appellant no.2 is in confinement since 04.06.2021; 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; chargesheet has already been submitted yet, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted, there is no specific role assignment made against appellant no.2 Dinesh. He claims parity with co-accused Guddu and Pintu who have been granted bail by a separate order passed today in Criminal Appeal No. 3156 of 2021. In view of similarity of facts, appellant no.2 - Dinesh is found entitled to bail.
4. Accordingly, present appeal filed on behalf of appellant no.2 - Dinesh is allowed and the impugned order dated 23.06.2021, rejecting the bail of appellant no.2 is set aside.
5. Let the accused-appellant no.2, namely, Dinesh, 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 no.2 shall cooperate in the trial and will not jump the bail.
6. Insofar as appellant no.1 - Arjun is concerned, in light of specific role assignment made to Arjun and keeping in mind the statement of the injured Daya Singh as also the injury report, disclosing incised wound on the neck, no good ground made to enlarge appellant no.1, at this stage.
7. Accordingly, the present appeal filed on behalf of appellant no.1 - Guddu is rejected. However, it is expected, the learned court below shall make best efforts to conclude the trial, as expeditiously as possible, preferably within a period of one year from today.
8. Present appeal stands partly allowed.
Order Date :- 17.12.2021 Abhilash