Court No. - 71
Case :- CRIMINAL APPEAL No. - 4415 of 2019 Appellant :- Sachin Prajapati Respondent :- State Of U.P. And Another Counsel for Appellant :- A.C.Tiwari(Ac),Ram Singh Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material on 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 19.6.2019 passed by the Special Judge SC/ST Act, Allahabad in Bail Application no. 3386 of 2019, arising out of Case Crime no. 591 of 2018, under Sections 147, 148, 149, 323, 504, 307, 302 I.P.C. and Section 3(2)V of SC/ST Act, P.S. Kareli, district-Allahabad, seeking bail in the aforesaid sections.
Learned counsel for the appellant submitted that the incident was neither preplanned nor premeditated but was a result of a sudden fight. The informant has implicated twelve named and one unknown person in the first information report and general role of assaulting the deceased with lathi, danda, pharsa and iron rod have been assigned to them, due to which the victim has suffered injuries on his person. Learned counsel for the appellant has next submitted that no specific role has been assigned to any of the accused. Police has recorded the statement of eye witnesses, Gangadeen, Dhaka alias Dhakar and Kesh babu. Gangadeen in his statement has stated that Golai alias Balkaran was having a lathi, Ramesh was having a rod, Devman Pal was having a pharsa, Virendra Pal and Sardari Pal were having rifles, Ramesh Pal, Ramesh Nishad, Sachin Prajapati, Kallu Pal and Vinod Pal were having lathies in their hands. Dhaka alias Dhakar in his statement has also assigned general role to all the accused mentioning that they were having lathi-danda in their hands. Kesh Babu in his statement has stated that Virendra Pal and Sardari Pal were having rifles, Ramesh was having a rod, Devman Pal was having a pharsa, Golai alias Balkaran, Ramesh Pal, Ramesh Nishad, Sachin Prajapati, Kallu Pal and Vinod Pal were having lathies in their hands.
Leaned counsel for the appellant next submitted that there is no injury on the person of the deceased or anyone of the injured which was caused by pharsa. He next submitted that the deceased has received only one injury which was on his head and it is not ascertained who has caused fatal injury to the deceased. He further submitted that the appellant is absolutely innocent and has been falsely implicated in the present due to some ulterior motive. He lastly submitted that the appellant, who has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Learned counsel for the appellant has next submitted that similarly placed co-accused Devman, Kallu Pal, Golai @ Balkaran and Shankar Lal have already been granted bail by this Court in Criminal Appeal Nos. 2633 of 2019, 3301 of 2019, 3238 of 2019 and 801 of 2019 vide orders dated 26.4.2019, 27.5.2019, 24.5.2019 and 26.4.2019 and the case of the appellant stands on the same footing than that of co-accused, who have already been granted bail. Lastly, it is submitted that appellant is in jail since 14.6.2019 and has no criminal history to his credit.
Per contra learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid fact and the fact that similarly placed co-accused have already been granted bail and that the appellant is in jail since 14.6.2019 and has no criminal history to his credit.
Without commenting on the merits of the case, considering the facts and circumstances of the case, number of injuries received by the deceased and the injured, considering the story, in which it has been alleged that some of the accused were armed with rifles but neither the deceased nor injured have received any firearm injury, I am of the view that the bail application filed by the appellant deserves to be allowed. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned order dated 19.6.2019 passed by the Special Judge SC/ST Act, Allahabad is hereby set aside.
Let the applicant-appellant, Sachin Prajapati be released on bail in the aforesaid case crime number on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The appellant 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 appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The appellant 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 KU