Court No. - 64
Case :- CRIMINAL APPEAL No. - 5755 of 2021 Appellant :- Buthe Lal Lodhi And 7 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Jaysingh Yadav Counsel for Respondent :- G.A.,Hanuman Prasad Kushwaha
Hon'ble Saumitra Dayal Singh,J.
2. Heard Sri Jaysingh Yadav, learned counsel for the appellants; Sri Hanuman Prasad Kushwaha learned counsel for the opposite party No.2; Sri Vikas Goswami, learned AGA for the State and perused the material placed on record.
3. 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 appellants with the prayer to set aside the order dated 24.11.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act/Additional District and Sessions Judge Lalitpur, in Case Crime No. 117 of 2021, under Sections - 147, 148, 149, 452, 436, 427, 323, 34 I.P.C. and Section 3(2)(IV) S.C./S.T.
(Prevention of Atrocities) Act, Police Station - Pali, District - Lalitpur, whereby bail application of the appellants have been rejected.
4. At the outset, learned counsel for the appellants submits, against the FIR lodged on 10.10.2021, the appellants were apprehended between 12.10.2021 to 14.10.2021; the appellants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest; the appellants have no criminal history; chargesheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted by learned counsel for the appellants that the present FIR has been lodged as a counter blast to an earlier occurrence wherein the daughter of the appellant No.1 was enticed away by the grand son of the opposite party No.2; in any case it has been submitted, general role has been assigned and there are only simple injuries. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
5. Learned A.G.A. has vehemently opposed the prayer for bail of the appellants.
6. Having heard learned counsel for the parties and having perused the record, at present, the order passed by the learned court below rejecting the bail application filed by the appellants, cannot be sustained.
7. 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 appellants be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 24.11.2021, rejecting the bail of the appellants is set aside.
9. Let the accused-appellants, namely, Buthe Lal, Balluram, Bantiram, Jawant, Jitendra, Suresh, Roop Singh and Kanchhedi Lodhi, involved in the aforesaid crime be released on bail on their furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellants shall cooperate in the trial and will not jump the bail.
Order Date :- 20.12.2021 Faraz