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 (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocties) Amendment Act, 2015 has been preferred by the appellant with the prayer to set aside the order dated 02.12.2020, passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Allahabad in Case Crime No. 1015 of 2019, under Sections 302, 201 I.P.C. & 3(2)(V) of SC/ST Act (Prevention of Atrocities) Act, Police Station - Soraon, District - Allahabad.
Learned counsel for the appellant submits that it is a case wholly without any basis, rhyme or reason. Initially, an F.I.R. was lodged under Section - 363 I.P.C. and there was no whisper about the offender as to who committed the offence. Now, it so happened that after seven months of the disappearance of the victim, his dead body was traced and some mischievous application was moved by the informant's wife before the higher police authority and some false statement was also made, that to after seven months of the disappearance of the victim. Apart from that, there is nothing concrete and consistent against the appellant, which may link the appellant's name with the commission of the offence in question. There is no motive to commit the offence. 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 are languishing in jail since 27.01.2020.
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-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 02.12.2020, rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Kunwar Bhan Singh @ Tuntun 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.
It is made clear that observation made in this order shall not be construed to have any reflection on merits of the case and shall not prejudice the trial court, while deciding the trial.
Order Date :- 7.4.2021 S Rawat