Case :- CRIMINAL APPEAL No. - 2019 of 2021 Appellant :- Mohan @ Chhotu Respondent :- State of U.P. and Another Counsel for Appellant :- Aishwarya Krishna Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, 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 05.04.2021 passed by Special Judge D.A.A. Act/Special Judge, SC/ST (P.A.) Act, Chitrakoot in Case Crime No.640 of 2020, under Sections 326, 323, 504, 506 and Section 3(2)(5) of SC/ST (Prevention of Atrocities) Act, 1989, Police Station Karvi, District Chitrakoot.
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 injuries are simple in nature and there is no injury of sharp edged weapon, therefore, no offence under Section 326 IPC is made out. FIR is delayed one. There is no motive of commit the alleged offence in question. There is no independent witness in support of the prosecution case. Nothing incriminating has been recovered from the possession of the appellant. 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 9.3.2021.
Learned Additional Government Advocate has 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 5.4.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Mohan @ Chhotu 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.
Raj Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.28 17:59:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad