Court No. - 50
Case :- CRIMINAL APPEAL No. - 1944 of 2021 Appellant :- Ranjit Maurya And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Shambhavi Nandan,Rajeev Kumar Srivastava Counsel for Respondent :- G.A.,Manoj Kumar
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 25.03.2021, passed by Special Judge, Exclusive special Court (SC/ST Act), Gorakhpur in Case Crime No. 57 of 2021, under Sections - 323, 504, 506, 308 I.P.C. and Section - 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act,1989, Police Station - Gola, District - Gorakhpur.
Contention raised on behalf of the appellants has been confined to the extent that the applicants are innocent and have been falsely implicated in this case. No offence has been committed by the appellants. Absolutely vague and baseless allegations have been levelled against them. No specific role has been assigned to the appellants. In case the appellant is 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 15.03.2021.
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 have 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 25.03.2021, rejecting the bail of the appellants is set aside.
Let the accused-appellants - Ranjit Maurya and Samarjit Maurya 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 :- 27.7.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.28 16:41:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad