Court No. - 64
Case :- CRIMINAL APPEAL No. - 5542 of 2021 Appellant :- Arun Chaturvedi And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Rajiv Kumar Tripathi Counsel for Respondent :- G.A.,Sushil Kumar
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rajiv Kumar Tripathi, learned counsel for the appellants; Sri Sushil Kumar learned counsel for the opposite party No.2; Sri Janardan Prakash, learned AGA for the State and perused the material placed on record.
2. This criminal appeal has been filed against the order dated 18.10.2021 passed by the Special Judge (SC/ST) Act Jalaun at Orai in Sessions Trial No. 36 of 2019 arising from Case Crime No. 19 of 2019 under Section 323, 324, 504, 506 IPC and Section 3(1(r)(s) of the S.C./S.T. (Prevention of Atrocities) Act, Police Station - Jalaun, District - Jalaun whereby the appellants have been summoned.
3. Having heard learned counsel for parties and having perused the record, no ground is made out to interfere with the impugned order passed by the learned Court below whereupon the present appellants have been summoned under Section 319 Cr.P.C.. Perusal of the order and the other record appended to the present appeal reveals that specific role of causing contusion injuries has been assigned to the present appellants; at present the same is shown to be supported (prima facie) from the injury report; merely because the police may have expunged the names of the appellants may not confer any right in favour of the appellants to be not summoned under Section 319 Cr.P.C; no credible material has been brought on record to establish that the appellants were not present at the time and place of occurrence; the plea of alibi may remain to be examined at appropriate stage; at present the first informant has clearly testified to establish the presence of the appellant at the time and place of occurrence and also attributed specific role as is found to be prima facie supported by the injured.
4. Without drawing any inference, the present appeal is dismissed leaving it open to the appellants to appear before the learned court below and apply for bail, that application when filed may be considered in accordance with law and keeping in mind the judgment of the Supreme Court in the case of Satender Kumar Antil v. Central Bureau of Investigation (2021(0) SC 603).
Order Date :- 22.12.2021 Faraz Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.12.22 18:37:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad