Court No. - 64
Case :- CRIMINAL APPEAL No. - 5419 of 2021 Appellant :- Praveen Kumar Mittal Alias Peter Respondent :- State of U.P. and Another Counsel for Appellant :- Rajesh Singh Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rajesh Singh, learned counsel for the appellant; Sri Balram Singh learned counsel for the opposite party No.2; Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
2. 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 15.11.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Muzaffar Nagar, in Case Crime No. 701 of 2021, under Sections - 323, 332, 353, 504, 506 I.P.C. and Section 3(1)(da) and 3 (1)(sha) , S.C./S.T. (Prevention of Atrocities) Act, Police Station - Kotwali Nagar, District - Muzaffar Nagar, whereby bail application of the appellant has been rejected.
3. At the outset, learned counsel for the appellant submits, against the FIR lodged on 01.11.2021, the appellant is in confinement since 06.11.2021; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; criminal history of five cases of the appellant has been explained through orders of acquittal and final reports; chargesheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted that a heated discussion had taken place within the premises of the Nagar Palika Parishad, of which the present appellant is Corporator; owing to other circumstances and motive, false allegations have emerged though there are no injury. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
4. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
5. 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.
6. 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.
7. Accordingly, this appeal is allowed and the impugned order dated 15.11.2021, rejecting the bail of the appellant is set aside.
8. Let the accused-appellant, namely, Praveen Kumar Mittal Alias Peter, 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 :- 22.12.2021 Faraz