Heard Sri Anurag Shukla, learned counsel for the appellant, Sri Manoj Kumar, learned counsel for the complainant and learned Additional Government Advocate for the State respondents.
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 5th October, 2020 passed by the court of Special Judge, SC/ ST (P.&A.) Act, Etawah in Bail Application No.- 1132 of 2020 rejecting the bail application arising out of Case Crime No.- 43 of 2020 under Sections 307, 506 I.P.C. and Sections 3(2)(5) & 3(2)(5A) of SC/ST Act, P.S.- Pachhaaygaon, District- Etawah.
As per the allegations in the first information report the accused persons named in the first information report had taken the informant's husband to the agricultural field in order to look after the field and save crops from the cows and pigs and there they opened fire shot upon the informant's husband. When the informant's husband did not come back after some time, the informant asked her husband's brother to search him out. When the brother of her husband and one Khushi Ram started search of informant's husband in the light of torch, they heard the noise of someone shouting to save his life and then saw that informant's husband was being dragged towards the rail track and having seen people coming forward, the accused persons left him and also threatened him with casteist remarks in case if he approached the police.
Learned counsel for the appellant submits that the applicant is an innocent person and has been falsely implicated in the present case. It is submitted that the injured has categorically stated before the police that the firearm was shot by Gore Brahman s/o Rameshwar Dayal Brahman and not by the present applicant. Thus, it is argued that the case of the applicant is quite distinguishable from the co-accused, namely, Gore Brahman, who has been assigned the role of firing shot upon the injured. It is also argued that in the statement of the doctor it has also come that X-ray though was advised but the injured was taken home from the hospital without getting X-ray done. The medical examination was conducted in which one firearm entry wound is shown but there is no exit wound of fire arm shot. It is also stated that there is no previous criminal history to the credit of the appellant.
Learned Additional Government Advocate has though opposed the bail of the applicant but could not dispute the fact that the injured had taken the name of Gore Brahman for firing the firearm shot upon him and the fact that there is no criminal history of the applicant.
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 from complainant/ State's side to justify and sustain the order of 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 5th October, 2020 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 :- 7.1.2021 Atmesh