Court No. - 64
Case :- CRIMINAL APPEAL No. - 554 of 2020 Appellant :- Jiledar Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Tufail Hasan,Surendra Kumar Tripathi Counsel for Respondent :- G.A.,Ashish Kumar,Rakesh Kumar Pandey
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today is taken on record.
2. Learned counsel for the appellant has placed on record mention slip served on learned counsel for the informant.
3. Case called out. None appears for the informant. Accordingly the matter has been proceeded.
4. Heard Sri Surendra Kumar Tripathi, learned counsel for the appellant; Sri Ankit Srivastava , learned AGA for the State and perused the material placed on record.
5. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 30.5.2019, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Firozabad, in Case Crime No. 224 of 2019, under Sections - 302, 201, 506 I.P.C. and Section 3(2)(5) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Sirsaganj, District - Firozabad, whereby bail application of the appellant has been rejected.
6. At the outset, learned counsel for the appellant submits, against the FIR lodged on 08.5.2019, the appellant is in confinement since 15.5.2019; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; the appellant has no criminal history; chargesheet has already been submitted, however the trial has remained pending. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted by learned counsel for the appellant that other than a bald suspicion raised in the FIR, there is no direct or circumstantial evidence to involve the present appellant in the occurrence; motive, if any, may have been with the informant but not the appellant who is the person who is claimed to be having illicit relationship with the deceased. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
7. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
8. Having heard learned counsel for the parties and having perused the record, at present, the order passed by the learned court below rejecting the bail application filed by the appellant, cannot be sustained.
9. Without drawing any inference as to facts, in view of the above noted facts & submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant be enlarged on bail at this stage.
10. Accordingly, this appeal is allowed and the impugned order dated 30.5.2019, rejecting the bail of the appellant is set aside.
11. Let the accused-appellant, namely, Jiledar Singh, involved in the aforesaid crime 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 :- 24.12.2021 Faraz