Court No. - 53
Case :- CRIMINAL APPEAL No. - 467 of 2019 Appellant :- Atul Singh @ Hemant Singh And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Ramesh Chandra Tripathi,Akhilesh K. Dwivedi Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the appellants-applicants and learned A.G.A. for the State and perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed challenging the cognizance order dated 17.10.2018 passed by learned Second Additional Session Judge/Special Judge, SC/ST Act, Ghazipur in Special Trial No. 59 of 2013 (State Vs. Rajan Singh) whereby appellants have been summoned under Sections 323, 504, 506 IPC and Section 3(1) 10 SC/ST Act.
Learned counsel for the appellants contended that although the appellants were named in the FIR but police has submitted final report against the appellant even so learned trial court has summoned the appellants, which is not sustainable.
Per contra, learned A.G.A., contended that there is no infirmity or illegality in the order passed by the learned trial court.
Appellants have been summoned under Section 319 Cr.P.C. on the basis of statement of P.A.1 Kanta and P.W.2 Brijesh Kumar. According, I find no infirmity in the impugned order passed by the trial court. In result the appeal is dismissed.
However, none of the aforesaid offences against appellants is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
Accordingly, in exercise of extraordinary jurisdiction of this Court and in view of the order passed by this Court in Smt. Sakeena and others Vs. State, and another reported in 2018 (2) ACR 2190, it is directed that in case the appellants file their bail application and also pray for interim bail, their prayer for interim bail shall be considered and decided on the same day, and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his dependent as per the mandate of Section 15A (5) S.C./S.T. Act.
For a period of 60 days from today or till the appellants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
Order Date :- 22.1.2019 Manish Tripathi