Court No. - 50
Case :- CRIMINAL APPEAL No. - 7474 of 2019 Appellant :- Dulichand @ Pawan Respondent :- State of U.P. and Another Counsel for Appellant :- Manoj Kumar Tripathi,Akhilesh Kumar Singh,Kumar Dhananjay Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 04.10.2019 passed by II-Additional Sessions Judge / Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Hapur, in Case Crime No.397 of 2019, under Sections 302, 404, 411, 34 I.P.C. and 3(2)(5) SC/ST Act, P.S. Hapur Nagar, District Hapur.
Contention, in brief, is that recovery of one knife and Rs.120/- is alleged to have been made from possession of the applicant. He is among four persons who were accompanying the accused. The applicant is not name in the first information report. The applicant has no nexus with the offence in question. The allegations made against the appellant are false and baseless. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 05.07.2019.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant 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 appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 04.10.2019, rejecting the bail of the appellant is set aside.
Let the accused-appellant Dulichand @ Pawan involved in the aforesaid case crime number for the aforesaid offences be released on bail on his furnishing personal bonds 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.
Order Date :- 27.7.2021 rkg