Court No. - 50
Case :- CRIMINAL APPEAL No. - 2941 of 2021 Appellant :- Gopal Dwivedi Respondent :- State of U.P. and Another Counsel for Appellant :- Arun Kumar Singh 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 08.07.2021, passed by Special Judge (S.C./S.T. Act) / Additional Session Judge, Banda in Case Crime No. 88 of 2021, under Sections - 307, 323, 504 I.P.C. and 3(2) V, 3(2) Va, 3(1) R (S.C./S.T.) Act, 1989, Police Station - Bisanda, District Banda.
Urge made on behalf of the appellant has been confined to the ambit that in this case, appellant is innocent and has been falsely implicated in this case. General and vague allegations have been made against the appellant. It was free-fight and both the sides sustained injuries. Neither there is motive for the appellant to commit the offence in question nor is there specific allegation against the appellant. It cannot be said with certainity as to who caused fatal blow to the injured. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 01.04.2021.
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 08.07.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant - Gopal Dwivedi 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 :- 28.10.2021 S Rawat