Court No. - 50
Case :- CRIMINAL APPEAL No. - 3174 of 2021 Appellant :- Khushiram Respondent :- State of U.P. and Another Counsel for Appellant :- Govind Saran Hajela Counsel for Respondent :- G.A.,Jitendra Singh
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, Sri Jitendra Singh, learned counsel for the informant, 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 28.06.2021 passed by Special Judge SC/ST (Prevention of Atrocities) Act, court no.2, Shahjahanpur in Bail Application No.1548 of 2021 arising out of case crime no.183 of 2021, under Sections 308, 323, 504, 304, 325 IPC and Section 3(2)5 SC/ST Act, Police Station Kant, District Shahjahanpur.
Learned counsel for the appellant has argued that the appellant is an innocent person and has been falsely implicated in the present case. He added that the FIR is out of grudge on account of the informant belonging to SC/ST community and in order to exert pressure and it so happened that some stump was dug- in inside the mud/ground of gram sabha land, which was not liked by the informant side and thereafter the alteration took place, however, no such offence as alleged was ever caused. Assuming it to be though denied that any offence has been committed even then there is only one fracture on the parietal and temporl bone of the deceased and all other injuries are not grievous and so far as other injured are concerned they were intervener in between the accused and the informant. It cannot be specified as to who was the author of the fatal injury. In that regard even the statement of the other persons on the prosecution side do not specify any specific role to any of the accused. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The appellant is languishing in jail since 27.03.2021.
Sri Jitendra Singh, learned counsel for the informant and learned Additional Government Advocate have though opposed the bail of the appellant but could not dispute the aforesaid fact.
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-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 appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 28.06.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Khushiram 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 applicant shall cooperate in the trial and will not jump the bail.
The concerned Court/ Authority/ Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.10.2021 Raj