Court No. - 64
Case :- CRIMINAL APPEAL No. - 3491 of 2021 Appellant :- Monu @ Rahul Respondent :- State of U.P. and Another Counsel for Appellant :- Rahul Pandey Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Despite service of notice on respondent no. 2, none has appeared on his behalf to oppose the appeal. Accordingly, the appeal is being proceeded on merits.
2. Heard Sri Rahul Pandey, learned counsel for the appellant; Sri Ashwani Prakash Tripathi, 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 05.07.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Mainpuri, in Case Crime No. 241 of 2021, under Sections - 307, 504 and 506 I.P.C. and Section 3(2)(v) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Kotwali, District - Mainpuri, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 23.04.2021, the appellant is in confinement since 26.04.2021; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; the appellant has no to criminal history; chargesheet has already been submitted yet, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted, the appellant has been falsely implicated owing to petty dispute between the parties. Referring to the injury report, it has been submitted, the seat of injury has been altered during investigation. Also, according to the FIR and the site plan prepared by the police, the occurrence had taken place inside the mandir premises whereas during investigation, the first informant had stated, the occurrence had taken place outside the mandir premises on way to their house. 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, cannot be sustained.
7. Without drawing any inference as to facts, in view of the above noted facts & submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 05.07.2021, rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Monu @ Rahul, involved in the aforesaid crime be released on bail on his furnishing personal bonds and two heavy 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.
10. It is made clear, in the event of any attempt being made by the appellant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material, that application if filed, may be taken up on priority.
Order Date :- 20.12.2021 Abhilash