Court No. - 50
Case :- CRIMINAL APPEAL No. - 3122 of 2021 Appellant :- Ram Sohan @ Ram Mohan And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Prem Chandra Patel,Vindhyachal Singh Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellants, 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 appellants with the prayer to set aside the order dated 28.07.2021, passed by Special/Ananya Judge S.C./S.T. Act, Varanasi in Case Crime No. 328 of 2020, under Sections - 147, 148, 149, 323, 504, 506, 304 I.P.C. and Sections - 3(1) (da), 3(1) (dha), 3(2) (v) of S.C./S.T. Act, Police Station - Badagaon, District - Varanasi.
Appellants claims to have been falsely implicated in this case on several counts; prime argument being that both the sides have sustained injuries in this case and each side have suffered one causality. The F.I.R. has also been lodged by the appellant side against the informant side regarding the same incident and it cannot be said as to who is the aggressor. Further, it cannot be said as to whose fire or whose specific assault caused the death of the deceased- Chhote Lal Saroj. In case, the appellants are admitted to bail, there is no possibility of their absconding or misusing the liberty of bail. The appellants have no criminal history and are languishing in jail since 27.01.2021.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellants.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellants 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 appellants.
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 appellants have made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 28.07.2021, rejecting the bail of the appellants is set aside.
Let the accused-appellants -Ram Sohan @ Ram Mohan, Sunil Patel and Surendra Patel involved in the aforesaid case crime number for the aforesaid offences be released on bail on their furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellants shall cooperate in the trial and will not jump the bail.
Order Date :- 28.10.2021 S Rawat