Court No. - 88
Case :- CRIMINAL APPEAL No. - 1754 of 2020 Appellant :- Indrajeet Patel And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Vivek Chaubey, ,Amarnath Tripathi Counsel for Respondent :- G.A.,Dinesh Kumar Singh
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellants, 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 09.06.2020 in Case Crime No.738 of 2019, under Section 302 IPC and 3(2)(v) SC/ST Act, P.S. Rohaniya, District Varanasi.
Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in this case on account non-fulfilment of ulterior demands and the present appellants were falsely dragged in the first information report and they have not committed any offence. The story of the prosecution has been said to be false and baseless. The death of the deceased was purely accidental as the deceased died due to drowning in the well. Appellants have no motive to commit the offence in question. The name of the appellants brought in the light on the basis of the information of the informer/Mukhbir. There is no direct or indirect evidence against the appellants and the story developed by the prosecution cannot be believed by any stretch of imagination. Nothing incriminating has been recovered from the possession of the appellants. The statement of the one of the prosecution witnesses Sri Praksh Jaiswal @ Bablu and Suraj Upadhyay have categorically stated that there was no dispute of hot talk took place between the appellants and the deceased. 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 appellants that they are ready to cooperate with the process of law and shall faithfully make available before the court whenever required. The appellants are languishing in jail since 02.01.2020. The appellants have no criminal history.
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 appellants-applicants have 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 appellants.
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 09.06.2020 rejecting the bail of the appellants are set aside.
Let the accused-appellants, namely, Indrajeet Patel and Sushil Kumar involved in the aforesaid crime be released on bail on their 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