Court No. - 74
Case :- CRIMINAL APPEAL No. - 2189 of 2021 Appellant :- Ram Ashish Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Amaresh Yadava Counsel for Respondent :- G.A.,Surjeet Singh
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the appellant, learned counsel appearing on behalf of respondent no. 2, learned A.G.A. for the State and perused the record.
This criminal appeal has been filed by the appellant Ram Ashish Yadav with a prayer to set aside the judgment and order dated 01.02.2021, passed by Special Judge SC/ST Act, Azamgarh, rejecting the bail application of the accused- appellant, in Case Crime No. 234 of 2020, under Sections 307, 504, 427, 201 I.P.C. and Section 3(1)Da, 3(!)Dha & 3(2)5 SC/ST Act, Police Station Raunapar, District Azamgarh.
The first information report versions is that the incident took place on 04.12.2020 in respect of which on 05.12.2020, the first information report was lodged by the informant with the allegation that the appellant was taking liquor with his friends. The nephew of the informant namely Ramashish Sonu was coming on motorcycle and sound of the motor cycle was loud enough, whereupon, the accused stopped the motorcycle and damaged the same. Thereafter, the nephew came to the house and told about the incident to his maternal uncle. He went to complain about the incident and some quarrel started, thereupon, the accused-appellant stabbed the spear in the stomach of the injured Randheer and also abused him by speaking caste relating words. Police was informed on mobile. Randheer was taken to the district hospital, where he was treated and then he was referred to some other place for further treatment. The informant took him to Mau, where he was provided treatment, thereafter, the informant was given to the police.
Learned counsel for the appellant has submitted that the appellant has been falsely implicated in the present case. Submission is that only one injury has been caused by the accused-appellant and that also is not serious. the injured is perfectly all right after treatment. Further submission is that the nature of injury shows that the offence cannot be traveled beyond the scope under Section 324 I.P.C. The learned Special Judge without properly appreciating the material on record and without considering the material aspect of the case mechanically and being influenced by the fact that the injured belongs to SC community, rejected the bail application. The accused-appellant has no previous criminal history. He has been in jail since 08.12.2020. Submission is that the accused- appellant is prepared to furnish the surety and bond. The learned court below has illegally rejected the bail application of the appellant and the impugned order is liable to be set aside and the appellant is entitled to be released on bail.
Learned A.G.A. and learned counsel appearing on behalf of respondent no. 2 have vehemently opposed the the prayer and have submitted that the impugned order has been passed by the learned court below after considering all the relevant facts and there is no illegality in the impugned order. It has further been submitted that the injury has been caused by spear, which is a dangerous weapon and injury has been caused in the stomach, hence, it is a fatal case. Learned counsel for respondent no. 2 has placed the injury report of the injured which is also taken on record. Submission is that the injury has been caused to the persons of SC category and subsequently, when the accused was arrested, on his pointing out, the spear used in the commission of the offence was recovered, therefore, it has been submitted that the learned Special Judge has considered all material aspect and has absolutely justified in rejecting the bail application of the accused appellant. The present appeal has got no force and is liable to be dismissed.
From perusal of the medical report it appears that the medical has been conducted on 11.12.2020 in the District Hospital, Azamgarh, whereas, the incident has taken place on 04.12.2020. It shows that much after the date of occurrence, the injured has been medically examined. It also shows that there is one injury of spear caused to the injured which is on stomach and is 3 Cm. long. The spear has been recovered on the pointing out of the accused but there is noting in the recovery memo on the basis of which it can be said that it was blood stained. Therefore, it is difficult to connect recovered spear with such offence. The X-ray report has also been attached with the memo of appeal and in the X-ray, nothing serious has been found in the injury. The appellant has been in jail from the last about 8 months, as such, the learned Special Judge has committed error in rejecting the bail application ignoring the fact that the injury was not fatal and the injured recovered from the injury very soon.
Considering the nature of the injury and also taking into consideration that from the last about 8 months, the appellant is in jail, I find that the learned court below has erred in rejected the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set aside and the appeal is liable to be allowed.
Accordingly, the appeal is allowed and the impugned order dated 01.02.2021, passed by Special Judge SC/ST Act, Azamgarh rejecting the bail application of the accused-
appellant, in Case Crime No. 234 of 2020, under Sections 307, 504, 427, 201 I.P.C. and Section 3(1)Da, 3(!)Dha & 3(2)5 SC/ST Act, Police Station Raunapar, District Azamgarh, is hereby set aside.
Let the appellant namely Ram Ashish Yadav is released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that appellant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The appellant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison.
Order Date :- 28.7.2021 sailesh