Court No. - 50
Case :- CRIMINAL APPEAL No. - 3897 of 2021 Appellant :- Omveer Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Vishwa Pratap Singh Counsel for Respondent :- G.A.,Jay Prakash Singh,Mohd Hamid
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned Additional Government Advocate 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, 1989 has been preferred by the appellant with the prayer to set aside the order dated 27.08.2021 passed by Special Judge, SC/ST Act, Mathura in Criminal Bail Application No.2704 of 2021 in S.S.T. No.293 of 2020 arising out of Complaint Case No.156 of 2017, under Sections 120B, 323, 420, 467, 468, 471, 504, 506 IPC and under Section 3(2)(V) SC/ST Act, Police Station Raya, District Mathura.
Nothing but civil dispute is the gist of this case and core consideration of this case is that no criminal proceeding should be drawn against the appellant. The entire history of this case is that some agreement was entered into in the year 1973 between the parties, however, it so happened that some controversy arose in 2008 and civil suit was filed by the appellant for permanent injunction, wherein the suit was dismissed, therefore, an appeal was preferred that appeal too was dismissed and that happened in the year 2015. Now, development took place in 2017 regarding the upkeep of some crop and matter was taken to the police station concerned where some compromise was reached between the parties, however, it so happened four months thereafter that an application u/s 156(3) Cr.P.C. was moved, wherein, false and vexatious allegations regarding the same crop which had earlier been settled at the police station by the interference of the concerned officer was tried to be agitated again for no worthy reason. In that view of the matter, no criminal offence is made out. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The appellant is languishing in jail since 10.08.2021.
Learned Additional Government Advocate has though opposed the bail of the appellant but could not dispute the aforesaid fact.
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.
Nothing convincing has been argued on behalf of the complainant/ State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above 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 27.08.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Omveer Singh 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.
Order Date :- 25.10.2021 Raj