Court No. - 50
Case :- CRIMINAL APPEAL No. - 3151 of 2021 Appellant :- Ramesh And Another Respondent :- State of U.P.
Counsel for Appellant :- Rakesh Singh Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellants, learned Additional Government Advocate for the State and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 25.06.2021 passed by Additional Session Judge/Special Court, SC and ST (Prevention of Atrocities) Act, Shamli at Kairana in case crime no.160 of 2021, under Sections 147, 148, 149, 323, 324, 325, 504, 506 IPC and 3(1)(r)(s) SC and ST (Prevention of Atrocities) Act, 1989, P.S. Jhinjhana, District Shamli.
Learned counsel for the appellants has argued that the appellants are innocent persons and have been falsely implicated in the present case. No specific role or weapon has been assigned to the appellants. The vague and general allegations have been levelled against the appellants. Nothing incriminating has been recovered from the possession of the appellants. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The appellant is languishing in jail since 02.04.2021.
Learned Additional Government Advocate has though opposed the bail of the appellants but could not dispute the aforesaid fact.
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-applicants 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 25.06.2021 rejecting the bail of the appellants is set aside.
Let the accused-appellants, namely, Ramesh and Sonu involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail.
The concerned Court/ Authority/ Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.10.2021 Raj