Court No. - 64
Case :- CRIMINAL APPEAL No. - 4965 of 2021 Appellant :- Neksu Respondent :- State of U.P. and Another Counsel for Appellant :- Satish Chandra Tiwari Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Satish Chandra Tiwari, learned counsel for the appellant; Sri Nagendra Kumar Srivastava, learned AGA for the State and perused the material placed on record.
2. Notice was issued to the informant. However, he is reported to be dead. In the context of bail jurisdiction, service on the informant is treated to be deemed sufficient subject to any objection being filed.
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 07.10.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Kasganj, in Case Crime No. 438 of 2020, under Section - 304 I.P.C. and Section 3(2)(V) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Souron, District - Kasganj, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 24.09.2020, the appellant is in confinement since 07.09.2021; 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 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 FIR allegations are false. In any case, no one saw the occurrence. Against one injury recorded in the post mortem report, general role has been assigned to the four accused persons. 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 07.10.2021, rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Neksu, involved in the aforesaid crime be released on bail on his furnishing personal bonds and two 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.
Order Date :- 23.12.2021 Abhilash