Court No. - 88
Case :- CRIMINAL APPEAL No. - 745 of 2021 Appellant :- Devi Prakash Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Raghvendra Prakash Counsel for Respondent :- G.A.,Sanjay Kumar Yadav
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned Additional Government Advocate for the State 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 with the prayer to set aside the order dated 15.01.2021 passed by Special Judge (SC/ST Act), Azamgarh in case crime no.98 of 2020, under Sections 342, 384, 504, 506, 323, 307 IPC, Section 3(1) (Da) of SC/ST Act, Section 3(1)(Dha) of SC/ST Act and Section 3(2)(v) of SC/ST Act, P.S. Mehnagar, District Azamgarh.
Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case on account of incoming Pradhani Election and he has not committed any offence. The story of the prosecution has been said to be false and baseless. Nothing incriminating has been recovered from the possession of the appellant. Criminal history of the appellant has been satisfactorily explained by the appellant in paragraph no.25 of the rejoinder affidavit filed in support of this appeal. He further submits that in case, he is admitted to bail, there is no possibility of his absconding and misusing the liberty of bail. It has been assured on behalf of the appellant that he is ready to cooperate with the process of law and shall faithfully make available before the court whenever required. The appellant is languishing in jail since 29.12.2020.
Also heard the learned Additional Government Advocate.
I have considered the rival submissions so made and having gone through the entire record as well as 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 appellants have made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 15.01.2021 rejecting the bail of the appellant are set aside.
Let the accused-appellant, namely, Devi Prakash Yadav 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 appellant shall cooperate in the trial and will not jump the bail.
However, this order will not prejudice the trial court while deciding the case on merit.
Order Date :- 6.4.2021 Raj