Court No. - 50
Case :- CRIMINAL APPEAL No. - 2738 of 2021 Appellant :- Priyanshu Jaisawal @Rishi Respondent :- State Of Uttar Pradesh Counsel for Appellant :- Vinod Kumar Kushwaha
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) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 03.06.2021 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act / Additional Sessions Judge, Fatehpur, in Case Crime No.33 of 2021, under Sections 304, 308, 272, 419, 420, 467, 468, 471 I.P.C., 60/60A/63 Excise Act and 3(2)(V) SC/ST Act, P.S. Ghazipur, District Fatehpur.
The applicant claims to have been falsely implicated in this case on several counts, prime being that the applicant is not named in the first information report. The name of the applicant has surfaced in the confessional statement of the co- accused. Similarly circumstanced co-accused Durgesh Singh @ Seemu Singh has already been admitted to bail by coordinate Bench of this Court in Criminal Appeal No.1748 of 2021 on 27.08.2021. The case of the present applicant is identical to that of co-accused who has already been admitted to bail. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. Criminal history of the appellant has been explained under paragraph no.10 of the rejoinder affidavit. The appellant is languishing in jail since 19.03.2021.
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 03.06.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant Priyanshu Jaisawal @ Rishi 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 :- 29.10.2021 rkg Digitally signed by ARVIND KUMAR MISHRA Date: 2021.11.02 14:44:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad