Court No. - 88
Case :- CRIMINAL APPEAL No. - 754 of 2021 Appellant :- Arvind @ Golu Rai Respondent :- State of U.P. and Another Counsel for Appellant :- Anil Kumar Dubey,Shailendra Kumar Rai Counsel for Respondent :- G.A.,Sadhu Sharan
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned Additional Government Advocate for the State, learned counsel for the informant 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 with the prayer to set aside the order dated 30.01.2021 in case crime no.338 of 2020, under Sections 147, 148, 307, 120B IPC and Section 3(2)(V) of SC/ST (P.A.) Act, P.S. Mardah, District Ghazipur.
Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case on account of village partibandi and he has not committed any offence. The story of the prosecution has been said to be false and baseless. Except conspiracy nothing has come out against the appellant and the entire allegations are based on confessional statement of the co- accused. The appellant had no motive to commit the offence in question. There is no independent witness who has seen the alleged incident. The witnesses which shown are interested witnesses. Five persons were assigned the role of firing but only one firearm injury has been found on the person of the injured, which creates doubt upon the prosecution story. Nothing incriminating has been recovered from the possession of the appellant. Criminal history of the appellant has been satisfactorily explained by the appellant in paragraph no.12 to the affidavit filed in support of this appeal. He further submits that in case, he is admitted to bail, there is no possibility of his absconding and misusing the liberty of bail. It has been assured on behalf of the appellant that he is ready to cooperate with the process of law and shall faithfully make available before the court whenever required. The appellant is languishing in jail since 07.10.2020.
Also heard the learned Additional Government Advocate and learned counsel for the informant.
I have considered the rival submissions so made and having gone through the entire record as well as 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 complainant/ 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 appellants have made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 30.01.2021 rejecting the bail of the appellant are set aside.
Let the accused-appellant, namely, Arvind @ Golu Rai 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 appellant shall cooperate in the trial and will not jump the bail.
However, this order will not prejudice the trial court while deciding the case on merit.
Order Date :- 6.4.2021 Raj