Court No. - 50
Case :- CRIMINAL APPEAL No. - 2886 of 2021 Appellant :- Pranjul Pal Respondent :- State of U.P.
Counsel for Appellant :- Sushil Kumar Pal
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A(2) SC/ST (Prevention of Atrocities) Act 1989 has been preferred by the appellant with the prayer to set aside the order dated 27.02.2020, passed by Special Judge, S.C./S.T. Act, Kanpur Nagar in Case Crime No. 831 of 2019, under Sections - 147, 148, 149, 302, 120B, 34 I.P.C. and 3(2)(V) SC/ST (Prevention of Atrocities) Act, 1989, Police Station - Chakeri, District - Kanpur Nagar.
Appellant claims false accusation on various grounds; prime being that the name of the appellant has surfaced only on the tip off information of the informant relating to the fact that the appellant has given country made gun to another co-accused and nothing more. The appellant is not named in the first information report. The another co- accused, namely, Shivam Dixit, who had been named in the first information report has already been admitted to bail by co-ordinate Bench of this Court in Criminal Appeal No. 3043 of 2020 on 03.02.2021. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 16.09.2019.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
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 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 27.02.2020, rejecting the bail of the appellant is set aside.
Let the accused-appellant - Pranjul Pal involved in the aforesaid case crime number for the aforesaid offences 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 :- 24.8.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.24 15:49:42 IST Reason: Document Owner Location: High Court of Judicature at Allahabad