Court No. - 88
Case :- CRIMINAL APPEAL No. - 7568 of 2019 Appellant :- Nasir Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Daya Shanker Pandey Counsel for Respondent :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the appellant, learned AGA 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 has been preferred by the appellant- Nasir with the prayer to set aside the bail rejection order dated 26.11.2019 passed by learned Special Judge SC/ST Act, Kushi Nagar (Padrauna) in Bail Application No. 1851 of 2019 arising out of case crime no. 528 of 2019 in S.T. No. 446 of 2019 under Section 323, 377 IPC and Section 3(2)(V) SC/ST (Prevention of Atrocities) Act, 1989, P.S.Kasya, District Kushi Nagar.
As per allegations in the first information report, the son of the informant was brutally beaten up by bamboo stick at around 06:00 pm on 02.09.2019.
It has been pleaded in the affidavit filed in support of the bail application that the applicant has been falsely implicated in the present case as there is no mark of injury on the body of the victim. It has been further stated that after three days of the incident, the statement recoded under section 161 Cr.P.C. of informant has changed the prosecution story and made allegation regarding offence under section 377 IPC whereas there is no evidence regarding under section 377 IPC against the appellant and no statement under section 164 Cr.P.C. has been recorded by the concerned Magistrate and the victim. It has been further stated that the victim was also adult person aged about 20 years old and hence it was not possible to make befoul the victim by the appellant. The appellant has no any criminal history except the present case and he is in jail since 06.09.2019. It has been submitted by learned Counsel for the appellant-applicant that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial.
Though the appeal has been opposed vehemently by the learned A.G.A but he could not dispute the aforesaid facts.
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 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 26.11.2019 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant 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.
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 :- 5.1.2021 Sanjeev