Supplementary affidavit and counter affidavit filed today by learned counsel for the applicant and learned AGA for the State, respectively, are taken on record Heard learned Counsel for the appellant-applicant, learned counsel for the complainant, learned AGA 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- Rishabh Deo with the prayer to set aside the order dated 21.8.2020 passed by learned Special Judge (SC/ST Act), Deoria in Bail Application No. 1075 of 2020 rejecting the bail application in Case Crime No. 170 of 2020 under Sections 147, 148, 149, 304, 323, 504, 506 I.P.C. and Section 3(2)(5) SC/ST Act, P.S.- Gauri Bazar, District- Deoria.
As per the allegations as made in the first information report, a scuffle took place between the two parties on 02.07.2020 in which the accused applicant is alleged to have beaten people on side of the informant and thus physical assault meeted out to the different members of the informant's side in which one Ram Pyare suffered grievous injury and resultantly died in the hospital.
It has been submitted by learned Counsel for the appellant-applicant that the appellant is quite innocent and has been falsely implicated for ulterior motives. It is further submitted that in connection with same case crime, co-accused Shitesh, Ved Prakash @ Vishal and Vivek has already been granted bail vide order dated 7.1.2020 passed in Criminal Appeal No.2713 of 2020. It is further submitted that allegations made in the FIR assigning same role to all the named accused persons are general in nature and no specific role has been assigned to any of the accused persons. It is also argued that the criminal history of the applicant has been explained in paragraph no.4, 5, 6 and 7 of the supplementary affidavit. It is also submitted that though the charge sheet has been submitted in the present case, but in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicant is languishing in jail since 8.7.2020.
Per contra, the appeal has been opposed vehemently by the learned A.G.A. but he could not dispute the aforesaid facts.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant-applicant has been rejected, impugned herein this appeal. Nothing convincing has been argued on behalf of the complainant/State to justify and sustain the order of the court below rejecting the bail applications 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 appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 21.8.2020 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant involved in the aforesaid crime be released on bail on his 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 :- 3.2.2021 Deepika