Court No. - 88
Case :- CRIMINAL APPEAL No. - 3314 of 2020
Appellant :- Nand Ram And Another
Respondent :- State of U.P. and Another
Counsel for Appellant :- Hanuman Prasad Kushwaha Counsel for Respondent :- G.A.,Pramendra Pratap Singh,Shiv Kumar Gupta,Shivkumar Gupta
Hon'ble Ajit Kumar,J.
Heard Sri Hanuman Prasad Kushwaha, learned counsel for the appellants, learned counsel for the complainant and learned Additional Government Advocate for the State respondent.
By means of this Criminal appeal under Section 14-A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 the appellants have challenged the cognizance order as well as non-bailable warrant issued against the appellants in Special Session Trial No.- 231 of 2020 arising out of Case Crime No. 48 of 2020 under Sections 323, 504 I.P.C. and Section 312)(Da) & 3(1) (Dha) SC/ST Act, P.S.- Jakhlaun, District- Lalitpur.
It has been argued by the learned counsel for the appellants that one of the appellants, namely, Ram Charan himself is injured person and, therefore, it was an assault from both the sides.
Per contra, it has been argued by learned counsel for the complainant as well as learned Additional Government Advocate that there is nothing wrong at the end of the learned Sessions Judge in taking cognizance of the case and issuing summons against the appellants as there was rivalry between the parties and there was also injury report of the complainant.
Having heard learned counsel for the parties, I am of the considered view that no interference is called for at this stage of the proceedings in question.
At this stage, learned counsel for the appellants requests that his plea for bail may be accepted and appropriate directions may be issued to the court below in that regard.
I do not see that any specific direction is needed to guide the discretion of Court to grant bail or to refuse it and no direction is equally needed to give any time frame as no exceptional circumstance has been referred to in the present facts of the case.
However, a plea for consideration of bail has been made with an undertaking that they shall appear before the court below within four weeks from today to show their genuineness on one hand and bona fide to co-operate with the trial on the other and shall move appropriate bail application.
Accordingly, I hereby direct that in case if bail application is filed as observed above, the court concerned shall consider the bail application on its own merit and dispose of the same keeping in view the principles laid down by the Full Bench of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
In the interest of justice, it is hereby provided that keeping in view of the undertaking given on behalf of the appellants, no coercive steps shall be taken against the appellants for a period of four weeks from today in pursuance of the criminal proceedings in question.
This appeal, accordingly, stands disposed of.
The concerned Court/Authority/Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 Atmesh