Court No. - 64
Case :- CRIMINAL APPEAL No. - 5121 of 2021 Appellant :- Brajesh Mishra Respondent :- State of U.P. and Another Counsel for Appellant :- Shiv Prasad Counsel for Respondent :- G.A.,Ruchi Mishra
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Shiv Prasad, learned counsel for the appellant; Sri Rajesh Yadav, Advocate, holding brief of learned counsel for the informant; Sri Ashwani Prakash Tripathi, learned AGA for the State and perused the material placed on record.
2. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 28.10.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Kanpur Nagar, in Case Crime No. 479 of 2019, under Sections - 420, 406, 504, 506 I.P.C. and Section 3(1)(Da), (Dha) and 3(2)(5-Ka) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Chakeri, District - Kanpur Nagar, whereby bail application of the appellant has been rejected.
3. At the outset, learned counsel for the appellant submits, against the FIR lodged on 30.05.2019, the appellant is in confinement since 20.07.2021; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; as to criminal history of six similar cases, it has been submitted, the same has been explained; chargesheet has already been submitted yet, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted, the transaction is of the year 2013, whereas the FIR was lodged with a delay of six years. In that context, it has been submitted, the parties were in a long standing commercial relationship. Only on account of other disputes and differences between the parties, subsequently the FIR was lodged belatedly. Reference has also been made to an earlier FIR lodged by the appellant against the informant leading to the present FIR. Last, it has been submitted, on similar allegations on an earlier FIR, closure report was submitted. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
4. Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for bail of the appellant. They would submit, criminal history of the appellant pertains to similar cases and that in that context, the appellant is not entitled to bail.
5. Having heard learned counsel for the parties and having perused the record, in the context of the delay in lodging the FIR and the fact that the appellant has remained confined for substantial long period of time as also keeping in mind the objection raised, cannot be accepted as the appellant has been enlarged on bail in the other cases. Therefore, the order passed by the learned court below rejecting the bail application filed by the appellant, cannot be sustained.
6. Without drawing any inference as to facts, in view of the above noted facts & submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant be enlarged on bail at this stage.
7. Accordingly, this appeal is allowed and the impugned order dated 28.10.2021, rejecting the bail of the appellant is set aside.
8. Let the accused-appellant, namely, Brajesh Mishra, involved in the aforesaid crime be released on bail on his furnishing personal bonds and two heavy 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.
9. It is made clear that, in the event of any attempt being made by the appellant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material, that application if filed, may be taken up on priority.
Order Date :- 16.12.2021 Abhilash