Court No. - 71
Case :- CRIMINAL APPEAL No. - 2578 of 2019 Appellant :- Sachin Kumar And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Nagendra Pratap Singh,Gaurav Kakkar Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Rejoinder affidavit filed by learned counsel for the appellants is taken on record.
Heard learned counsel for the appellants and learned A.G.A. for the State and perused the record.
This criminal appeal under Section 14-A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 13.3.2019 passed by IInd Additional Session Judge/Special Judge, SC/ST Act, Bijnor in Bail Application no.515 of 2019 (State Vs. Sachin and another, arising out of Case Crime no. 26 of 2019, under Section 307, 323 I.P.C. and Section 3(2) V of SC/ST Act, P.S. Kotwali Dehat, District- Bijnor, seeking bail in the aforesaid sections.
In para 3 of the counter affidavit sworn by Shri Rakesh Kumar Srivastva, Circle Officer, Chandpur, District Bijnor, it has been stated that the notice has been given to the complainant regarding pendency of the instant criminal appeal and photocopy of the said notice has been annexed as annexure-1 of the counter affidavit. It is thus evident that the notice regarding pendency of the criminal appeal has been duly served upon opposite party no. 2 however none responds for him.
Learned counsel for the appellants has submitted that the appellants are wholly innocent and have been falsely implicated in the present case due to ulterior motive. Learned counsel for the appellants has next drawn the attention of the Court to the F.I.R in which it has been stated that the incident has occurred suddenly without any premeditation. Learned counsel for the appellants has next drawn the attention of the Court towards the injuries of the victims and as per the injury report, victim Sonu Kumar has suffered seven injuries where as other injured NIkki has suffered six injuries on his persons. Except injury no.1 and 2 of both the injured, other injuries have been found to be simple in nature. Even in the supplementary injury report of both victims no abnormality has been detected in their injuries. Learned counsel for the appellants has next submitted that the appellants are in jail since 13.3.2019. The appellant No.2, Bhobeen has no criminal history to his credit whereas against the appellant No.1, Sachin Kumar two criminal cases has been reported and in both cases he is on bail and which are of minor nature.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that injuries of the victims are found to be simple in nature and even in supplementary injury report no abnormality has been detected and the appellants are in jail since 13.3.2019.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, I find that the court below has acted wrongly in rejecting the bail application and the impugned order dated 13.3.2019 is liable to be set aside and appeal is liable to be allowed.
The appeal is allowed. The impugned order dated 13.3.2019 passed by IInd Additional Session Judge/Special Judge, SC/ST Act, Bijnor is set-aside and the bail application of appellants stands allowed.
Let the appellants, Sachin Kumar and Bhobeen be released on bail in Case Crime no. 26 of 2019, under Section 307, 323 I.P.C. and Section 3(2) V of SC/ST Act, P.S. Kotwali Dehat, District- Bijnor, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:-
(i) The appellants will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The appellants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The appellants will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison.
Order Date :- 26.9.2019 R