Court No. - 50
Case :- CRIMINAL APPEAL No. - 2964 of 2021 Appellant :- Mahendra Singh Respondent :- State of U.P.
Counsel for Appellant :- Ashok Kumar Yadav,Ashish Kumar Singh
Hon'ble Arvind Kumar Mishra-I,J.
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 (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 08.06.2021 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, FTC, Jalaun, in Case Crime No.116 of 2021, under Sections 147, 148, 452, 323, 504, 506, 324, 188, 171F I.P.C. and 3(1)(r)(s) SC/ST Act, P.S. Kuthaund, District Jalaun.
The case of the applicant is confined to the ambit that the applicant has been falsely implicated in this case on account of enmity. Allegation is that the applicant was possessing Lathi and has assaulted on the injured Shiv Singh. Injury report indicates that the injured sustained injury on his left thigh. Injuries caused to the injured have been reported to be simple in nature. The applicant had no motive to commit offence in question. The story set up by the informant is that the applicant along with other co-accused arrived on the spot and pressurized the informant's side to vote for the wife of Mahendra Pal. On refusal, the informant's side was beaten. There is no specific allegation against the appellant that he ever caused grievous injury or he was instrumental to cause any injury to the injured. 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 is languishing in jail since 30.04.2021.
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 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 08.06.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant Mahendra Singh involved in the aforesaid case crime number for the aforesaid offences 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 :- 29.10.2021 rkg Digitally signed by ARVIND KUMAR MISHRA Date: 2021.11.02 14:45:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad