Court No. - 53
Case :- CRIMINAL APPEAL No. - 5089 of 2018 Appellant :- Naresh Chandra And 2 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Bhaiya Ram Maurya,Anand Mohan Pandey Counsel for Respondent :- G.A.,Manoj Kumar
Hon'ble Umesh Chandra Tripathi,J.
List revised. None appeared on behalf of Respondent No.2 to argue the case.
Heard learned counsel for the appellants and learned A.G.A. for the State of U.P. in opposition.
This criminal appeal under Section 14A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed on behalf of the appellants challenging the order dated 20.8.2018 passed by Special Judge (SC/ST (P.A.) Act/Additional Session Judge Mainpuri, in Bail Application No. 1409 of 2018, arising out of Case Crime No. 177 of 2018, under Sections 302, 201 of the Indian Penal Code, 1860 and Section 3(2)5 of S.C./S.T. Act, Police Station - Bewar, District - Mainpuri, seeking bail in the aforesaid sections.
As per prosecution version dead body of Sandeep was recovered from village Kuri on 8.4.2018. The dead body of Nanhi daughter of Naresh Chandra was recovered from the house of deceased Sandeep. During investigating I.O. came to the conclusion that Sandeep had love affair with Km. Nanhi daughter of applicant No.1 Naresh Chandra. Being annoyed by love affair of Km. Nanhi and Sandeep, the appellants have committed murder of Sandeep and Nanhi both.
Learned counsel for the appellants contended that FIR has been lodged after six days of the occurrence. There is no any evidence on record to show that Nanhi and Sandeep had love affair with each other. There is also no evidence on record to show that the appellants have committed murder of Sandeep and Nanhi. Appellants have been made accused in this case only on the basis of hear say evidence which is not admissible in evidence. The appellants have no criminal antecedent.
Per contra learned A.G.A. contended that death of Sandeep and Km. Nanhi is homicidal. They have been murdered and I.O. has collected sufficient evidence against the appellants. However, he has admitted this fact that the appellants have no criminal antecedent.
On 16.1.2019 the learned A.G.A. was directed to file counter affidavit specifying the role and evidence against the appellants. Sri Prayank Jain, Circle Officer has filed affidavit stating that he has recorded the statements of Ashok Kumar, Sripal, Ramveer Singh, Aswani Kumar, Ishrat and Ishrar. Accused persons made extra judicial confession to them.
From perusal of case diary it reveals that no such extra judicial confession has been made by the appellants before the above named witnesses. Above named witnesses had stated before I.O. that later on they came to know that appellants have committed murder of Sandeep and Km. Nanhi.
Learned trial court has also not mentioned any evidence against the appellants while rejecting the bail application of the appellants.
Without expressing any opinion on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to be allowed.
Accordingly, the appeal is allowed and the aforesaid impugned order is hereby set aside.
Let the appellants Naresh Chandra, Sachin Kumar and Nirmal Kumar be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 29.1.2019 Manish Tripathi