Court No. - 66
Case :- CRIMINAL APPEAL No. - 69 of 2021 Appellant :- Mithilesh Mishra Respondent :- State of U.P. and Another Counsel for Appellant :- Anurag Pathak,Rajesh Kumar Pandey Counsel for Respondent :- G.A.,Ram Dutt Mishra,Sunil Kumar Singh
Hon'ble Pradeep Kumar Srivastava,J.
Sri Rajesh Kumar Pandey, learned counsel for the appellant, Sri Sunil Kumar Singh, learned counsel for the respondent no.2 and learned A.G.A. for the State are virtually connected through video conferencing and perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 20.03.2020 passed by learned Special Judge SC/ST Act/Additional Session Judge Court No.2, Bhadohi Gyanpur in Bail Application No. 125 of 2019, arising out of Case crime No.255 of 2019, under Sections 504, 506, 307 I.P.C. and 3(2)(v) SC/ST (Prevention of Atrocities) Act, P.S. Suriyawan, District Bhadohi seeking bail in the aforesaid sections.
The submission of learned counsel for the appellant is that the appellant is in jail since 25.02.2020 and after investigation, charge sheet has been filed by the police. Further submission is that the FIR was lodged against four named persons and out of them three accused persons have already been granted bail by this Court. The FIR version is that the accused persons came there and in order to obtain forcefully possession of the land on which the complainant side were constructing the balcony of the house. The Gram Pradhan and the other villagers were trying to convince them to stop the construction but they did not postpone the same and started abusing by caste related word and on the exhortation of other accused persons, fire arm injury was caused, consequently, this FIR was lodged. It has been further submitted that in respect of the incident, FIR was also lodged from the side of the accused persons against the complainant side. It has also been submitted that the appellant has been falsely implicated in the case on account of political enmity. It has been further submitted that accused appellant has no criminal history and he is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Appellant undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned counsel for the respondent no.2 and learned A.G.A., for the State have vehemently opposed the prayer for bail and have submitted that in the bail orders of other three co-accused persons, it has been mentioned that the role of causing fire arm injury has been assigned to this appellant, therefore, considering his role the benefit of the parity cannot be given and as fire arm injury has been caused the appellant is not entitled to release on bail. It has been further submitted that on account of fire arm injury, the injured examined under treatment in the hospital for more than one month.
Considered the submission of both sides and also considering the fact that the other three co-accused persons have been granted bail and the appellant is in jail from the last about 14 months and injured has already been recovered; the FIR was lodged from the side of the accused persons against the complainant side and also considering the serious pandemic situation, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant-applicant Mithilesh Mishra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 4.5.2021 Mini