Court No. - 64
Case :- CRIMINAL APPEAL No. - 3823 of 2021 Appellant :- Ramnivas Respondent :- State of U.P. and Another Counsel for Appellant :- Sanjay Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Though service report is awaited, upon query made, learned AGA states, as per certificate of service dated 21.10.2021, notice of the present appeal has been served on respondent no.2. However, none has appeared on his/her behalf. Accordingly, the matter has been proceeded on merits.
2. Heard Sri Sanjay Kumar Dwivedi, learned counsel for the appellant; Sri Ankit Srivastav, learned AGA for the State and perused the material placed on record.
3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 26.08.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Shahjahanpur, in Case Crime No. 215 of 2021, under Section - 307 I.P.C. and Section 3(2)(5) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Mirzapur, District - Shahjahanpur, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 26.06.2021, the appellant is in confinement since then; the appellant claims to have cooperated in the investigation; as to criminal history of one case, it has been submitted, the same has been explained; chargesheet has already been submitted yet, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted, even according to the prosecution story, there was no threat made by the appellant to cause loss of life to the injured. The injuries are not on vital body part. In any case, there are reasonable doubts if the injured saw the appellant inasmuch as in his statement recorded during investigation, he has relied on the information given by the villagers. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
5. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
6. Having heard learned counsel for the parties and having perused the record, at present, the order passed by the learned court below rejecting the bail application filed by the appellant, cannot be sustained.
7. Without drawing any inference as to facts, in view of the above noted facts & submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 26.08.2021, rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Ramnivas, involved in the aforesaid crime 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 :- 20.12.2021 Abhilash