Court No. - 64
Case :- CRIMINAL APPEAL No. - 4472 of 2021 Appellant :- Ravi Singh @ Chandan Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Pradeep Kumar,Kalp Dev Mishra Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Despite service of notice on respondent no. 2, none has appeared on his behalf to oppose the appeal. Accordingly, the appeal is being proceeded on merits.
2. Heard Sri Pradeep Kumar, learned counsel for the appellant and Sri Ashwini Prakash Tripathi, 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 19.3.2021, passed by Special Judge (S.C./S.T. Act)/Additional Session Judge, Court no.2, Ghazipur, in Case Crime No. 338 of 2020, under Sections - 147, 148, 307 and 120-B I.P.C. and Section 3(2)V S.C./S.T. Act, Police Station - Mardah, District - Ghazipur, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 21.11.2020, the appellant is in confinement since 5.2.2020; the appellant claims to have cooperated in the investigation; criminal history of the appellant has been explained; charge-sheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, for the purpose of grant of bail, learned counsel for the applicant submits, the appellant is not named in the FIR. Appellant was falsely implicated during investigation. In any case, co-accused Krishna; Sheshnath & Ajay; Amit Rai, Govinda Rai & Sanjay Rai @ Munna Rai and; Lalta Rai, have been granted bail in Criminal Appeal Nos. 525 of 2021; 303 of 2021; 1417 of 2021 and; 2706 of 2021, vide orders dated 6.4.2021; 22.7.2021; 26.7.2021 and 25.8.2021 respectively. 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/s, cannot be sustained.
7. Without drawing any inference as to facts, in view of the above noted facts and submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant/s be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 19.3.2021, rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Ravi Singh @ Chandan Singh 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 the appellant shall cooperate in the trial and will not jump the bail.
Order Date :- 16.12.2021 Prakhar