Court No. - 64
Case :- CRIMINAL APPEAL No. - 5259 of 2021 Appellant :- Lakhan Rajpoot Respondent :- State of U.P. and Another Counsel for Appellant :- Virpratap Singh,Rajat Agarwal Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Though service report is awaited, upon query made, learned AGA states, written instructions has been received, amongst other, as to service effected on 18.11.2021 of the present bail application. None has appeared on his behalf. Accordingly the matter has been proceeded on merits.
2. Heard Sri Virpratap Singh, learned counsel for the appellant and Sri Janardhan Prakash, learned AGA for the State and perused the material placed on record.
3. 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 19.8.2021, passed by Special Judge (S.C./S.T. Act), Jalaun at Orai, in Case Crime No. 439 of 2021, under Sections - 307, 504 I.P.C. and Section 3(2)(v) S.C./S.T. Act, Police Station - Kotwali Orai, District - Jalaun, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 24.6.2021, the appellant is in confinement since 27.6.2021; the appellant claims to have cooperated in the investigation; with respect to criminal history, it has been submitted, in a case lodged earlier, no summons have been received by the appellant. As to the other case, it has been lodged after the present occurrence; charge-sheet has already been submitted yet, there is no hope of early conclusion of the trial; on prima facie basis, for the purpose of grant of bail, it has been submitted, wholly false accusations has been made on account of other dispute between the parties who are resident of same village. Further, it has been submitted, there are no injuries and the prosecution case is a concocted story. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
5. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
6. 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/s, cannot be sustained.
7. Without drawing any inference as to facts, in view of the above noted facts and submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant/s be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 19.8.2021 rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Lakhan Rajpoot 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 :- 20.12.2021 Prakhar