Court No. - 71
Case :- CRIMINAL APPEAL No. - 2296 of 2019 Appellant :- Ramesh Nishad Respondent :- State Of U.P. And Another Counsel for Appellant :- Jai Singh Yadav,Patgendra Bhushan Misra Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material on record.
This criminal appeal under Section 14 A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 18.1.2019 passed by the IInd Addl. Sessions Judge/Special Judge SC/ST Act, Allahabad in Bail Application no. 6193 of 2018, arising out of Case Crime no. 591 of 2018, under Sections 147, 148, 149, 323, 504, 307, 302 I.P.C. and Section 3(2)V SC/ST Act, P.S. Kareli, district- Allahabad, seeking bail in the aforesaid sections.
Learned counsel for the appellant submitted that the incident was neither preplanned nor premeditated but was a result of a sudden fight. The informant has implicated twelve named and one unknown person in the first information report and assigned general role to all of them of assaulting the deceased and the injured (five in number) with lathi, danda and pharsa. It is also alleged in the FIR that after hurling abuses, accused persons have also fired with rifle. There was no intention to murder the victim. The deceased has received only two injuries; (i) Contused swelling 8cm x 4cm on right side just above right ear;
(ii) Abraded contusion 4cm x 1 cm on outer aspect of left eye. Injured Nanku Bhartiya has received three injuries; (i) Contusion 8x4 cm. right forearm 8 cm below right elbow joint;
(ii) Abrasion 2x 1 cm on right great the joint below; (iii) Red contusion 6 cm x 2 cm left side back chest upper part. Injured Sunita has received only one injury; Contusion 5x 2cm left side chest 10 cm below clavicle. Injured Laddu has received four injuries; (i) Contusion 5 x 4 cm top of head; (ii) Lacerated wound 1 x 0.5 cm injury no. 1 fresh hand; (iii) Lacerated wound
3 x 0.5 cm on mid of left thigh and index finger; (iv) Contusion
4 x 3 cm on face just below right eye. No one has received fire arm injury. No specific role has been assigned to any of the accused. Police has recorded the statement of eye witnesses, Gangadeen, Dhaka alias Dhakar and Kesh babu. Gangadeen in his statement has stated that Golai alias Balkaran was having a lathi, Ramesh was having a rod, Devman Pal was having a pharsa, Virendra Pal and Sardari Pal were having rifles, Ramesh Pal, Ramesh Nishad, Sachin Prajapati, Kallu Pal and Vinod Pal were having lathies in their hands. Dhaka alias Dhakar in his statement has also assigned general role to all the accused mentioning that they were having lathi-danda in their hands. Kesh Babu in his statement has stated that Virendra Pal and Sardari Pal were having rifles, Ramesh was having a rod, Devman Pal was having a pharsa, Golai alias Balkaran, Ramesh Pal, Ramesh Nishad, Sachin Prajapati, Kallu Pal and Vinod Pal were having lathies in their hands.
Leaned counsel for the appellant next submitted that the deceased has received only one injury which was on his head and it is not ascertained who has caused fatal injury to the deceased. He further submitted that the appellant is absolutely innocent and has been falsely implicated in the present due to some ulterior motive. He lastly submitted that the appellant is in jail since 11.11.2018, who has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Per contra learned A.G.A. has opposed the prayer for bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, number of injuries received by the deceased and the injured, considering the story, in which it has been alleged that some of the accused were armed with rifles but neither the deceased nor injured have received any firearm injury, I am of the view that the bail application filed before the court below deserves to be allowed. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned order dated 18.1.2019 passed by the IInd Addl. Sessions Judge/Special Judge SC/ST Act, Allahabad is hereby set aside.
Let the applicant-appellant, Ramesh Nishad be released on bail in the aforesaid case crime number on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 26.4.2019 Faridul