Court No. - 50
Case :- CRIMINAL APPEAL No. - 3238 of 2021 Appellant :- Pankaj Rajbhar Alias Goldi Respondent :- State of U.P. and Another Counsel for Appellant :- Devendra Vikram Singh,Damodar Singh Counsel for Respondent :- G.A.
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 28.06.2021 passed by Exclusive Special Judge (SC/ST Act), Basti in Session Trial No.498 of 2021 arising out of Case Crime No.57 of 2021, under Sections 363, 366 and 307 IPC and Section 3(2)5 of SC and ST (Prevention of Atrocities) Act, P.S. Haraiya, District Basti.
Learned counsel for the appellant has argued that the appellant is an innocent person and has been falsely implicated in the present case due to election rivalry of village pradhan. He added that there is no visible injury was found on the body of the injured and the injuries are simple in nature. He further added that no offence u/s 307 IPC is made out against the appellant. There is no eye-witness of the incident in question. 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 has no criminal history and is languishing in jail since 02.03.2021.
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 28.06.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Pankaj Rajbhar Alias Goldi 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 :- 29.10.2021 Raj