Court No. - 88
Case :- CRIMINAL APPEAL No. - 5908 of 2019 Appellant :- Dhara Singh Yadav Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Rajesh Singh,Dinesh Mishra Counsel for Respondent :- G.A.,Satya Dheer Singh Jadaun
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned Additional Government Advocate for the State, Satya Dheer Singh Jadaun, learned counsel for the informant 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 02.05.2019 in Case No.494 of 2019 arising out of case crime no.61 of 2019, under Sections 302, 201 IPC and Section 3(2)(V) of SC/ST Act, P.S. Charwa, District Kaushambi.
Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case on account of village partibandi and he has not committed any offence. The story of the prosecution has been said to be false and baseless. He added that no role has been assigned to the present appellant. Main role of causing assault by danda which proved fatal has been assigned to main named accused Daroga @ Balram. Under the similar circumstances co- accused Dalveer Singh @ Nnaka has been admitted to bail by coordinate Bench of this Court on 17.12.2019 in Criminal Appeal No.5717 of 2019. 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 17.03.2019.
Also heard the learned Additional Government Advocate and learned counsel for the informant.
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 02.05.2019 rejecting the bail of the appellant are set aside.
Let the accused-appellant, namely, Dhara Singh 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