Court No. - 50
Case :- CRIMINAL APPEAL No. - 1515 of 2020 Appellant :- Bhagwan Sharma @ Pappu Respondent :- State Of U.P. And Anr Counsel for Appellant :- Satyam Narayan Counsel for Respondent :- G.A.,Ankit Saran,Pradeep Kumar Bhardwaj
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned counsel for the informant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 27.02.2020 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Bulandshahr, in Case Crime No.295 of 2019, under Sections 302, 323, 504, 506 I.P.C. and 3(2)5 SC/ST Act, P.S. Pahasu, District Bulandshahr.
Contention, in brief, is that it is case where cross first information reports by both the sides have been lodged against each other and the applicant himself was severly beaten by the informant side. The injury report has been annexed as annexure no.9 to the affidavit filed in support of this bail application which shows that the applicant sustained injury in the nature of fracture on the skull. From the side applicant, first information report was lodged against the informant side under Sections 147, 148, 308, 323, 504 I.P.C., Police Station Pahasu, District Bulandshahr. At this stage, it cannot be ascertained as to who was aggressor. However, the applicant has acted in private defence. Apart from that, the role of the applicant is very much confined to the assault being caused by fists and kicks and nothing more. The role of causing gun shot injury to the deceased has been assigned to the other co- accused namely Tarun. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant is languishing in jail since 18.12.2019.
Learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail of the appellant.
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 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 27.02.2020, rejecting the bail of the appellant is set aside.
Let the accused-appellant Bhagwan Sharma @ Pappu involved in the aforesaid case crime number for the aforesaid offences 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 shall cooperate in the trial and will not jump the bail.
Order Date :- 12.8.2021 rkg