Court No. - 71
Case :- CRIMINAL APPEAL No. - 2771 of 2019 Appellant :- Brijpal @ Vijay Pal And Another Respondent :- State Of U.P. And Aother Counsel for Appellant :- Gajendra Pratap Singh,Suresh Dhar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit has been filed, is taken on record.
Heard learned counsel for the appellants, learned A.G.A., for the State and learned counsel for the respondent No. 2. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 12.11.2018 passed by the Special Judge (S.C./S.T. Act) Pilibhit, in Bail Application No.2281 of 2018 (Vijay Pal and others Vs. State of U.P., arising out of Case Crime No.398 of 2018, S.S.T.No.170 of 2018, under Sections 147, 148, 302 I.P.C. and Section 3(2)(V) SC/ST Act, P.S. Bilsanda, District Pilibhit, seeking bail in the aforesaid sections.
As per prosecution case, FIR was lodged against six accused persons namely Vijaypal, Subhash, Ramnaresh, Saroj, Pawan and Mukesh with the allegation that they assaulted Shivkumar, brother of complainant on 17.8.2018 and the deceased received six injuries, two lacerated wounds on head and due to head injury, he died. During investigation, specific role of assault has been assigned to Ramnaresh.
Learned counsel for the appellants submitted that the appellants are languishing in jail since 19.8.2018, having no criminal history. He further submitted that the appellants are innocent and they have been falsely implicated in the present case. They were not named in the FIR, no specific role has been assigned to them, their names were added during investigation. He has also submitted that there is no independent witness and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial. He further submitted that co-accused Ram Niwas has already been enlarged on bail by this Court in Criminal Appeal No.1700 of 2019 vide order dated 17.04.2019, co- accused Saroj has already been enlarged on bail by another Bench of this Court in Criminal Misc. Bail Application No.11132 of 2019, vide order dated 14.03.2019 and another co-accused, Pawan Kumar has also been enlarged on bail by another Bench of this Court in Criminal Misc. Bail Application No.266 of 2019, vide order dated 08.01.2019. The applicants claim parity.
Per contra, learned A.G.A., for the State has opposed the prayer for bail but does not dispute the factum of parity.
Without expressing any opinion on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to allowed. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellants-applicants Brijpal @ Vijay Pal and Subhash be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 29.4.2019 R./