Heard Sri Saroj Kumar Yadav, learned Counsel for the appellant-applicant, Sri Pradeep Kumar Vishnoi, learned counsel for the complainant, learned AGA 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- Balwant Sahu @ Jitendra Sahu with the prayer to set aside the bail rejection order dated 11.09.2020 passed by learned Special Judge (SC/ST Act), Kaushambi in Bail Application No. 75 of 2020 in Case Crime No. 237 of 2020, under Sections 147, 148, 149, 307, 504, 506, 341 I.P.C. and Section 3(2)(V) & 3(1)(Gha) SC/ST Act, P.S.- Sarai Aqil, District-Kaushambi.
As per the allegations as made in the first information report, the victim was intercepted by the father of applicant namely Ram Chandra Sahu and his other sons and they abused him with castiest remarks also and when he started running away from the scene, they fired from the back. One of the shots hit the back of the injured who was taken to the hospital where foreign body got removed from his back.
It has been submitted by learned Counsel for the appellant-applicant that the appellant is quite innocent and has been falsely implicated for ulterior motives. It is also argued that the role of firing gun shot has been assigned to other accused Ram Chandra and Sunil Sahu and not to the present applicant. It is further argued that even accused Ram Chandra has been granted bail by this Court today itself. It is also submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicant is languishing in jail since 20.10.2020.
Learned counsel for the complainant has argued that the recovery of country made pistol was made from Sunil Kumar Sahu and the empty cartridge has also been recovered.
Learned Additional Government Advocate though has opposed the bail application but could not dispute the fact co accused Ram Chandra has already granted bail by this Court today itself and the case of the present applicant stands on better footing than Ram Chandra who has been assigned the role of firing.
I have considered the rival submissions so made and having gone through the entire record including 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 appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 21.08.2020 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant 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 applicant shall cooperate in the trial and will not jump the bail.
The concerned Court/Authority/Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 11.1.2021 IrfanUddin