Court No. - 80
Case :- CRIMINAL APPEAL No. - 2635 of 2020 Appellant :- Sandeep Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Salilendu Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record. Despite service of notice upon opposite party No. 2, no one has appeared on his behalf.
This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant against the order dated 15.09.2020 passed by learned Special Judge (SC/ST Act)/Additional Sessions Judge Court No. 2, Bhadohi-Gyanpur in Bail Application No.363 of 2020 (Sandeep Singh Vs. State of U.P.), arising out of Case Crime No.133 of 2020, under Sections 376 D and 506 IPC and Section 3(2)(V) of SC/ST Act, P.S. Gopiganj, District Bhadohi seeking his release on bail.
Learned counsel for the appellant has submitted that the appellant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the appellant has next that appellant is neither named in the First Information Report nor in the statement of victim recorded under Section 161 Cr.P.C., however, subsequently in the statement of victim recorded under Section 164 Cr.P.C. for the first time the appellant is nominated along with four others accused persons. It is further submitted that similarly placed co-accused Madho Yadav @ Rajesh Yadav has been granted bail by coordinate Bench of this Court vide order dated 28.01.2021 passed in Criminal Appeal No. 2286 of 2020 and the case of the accused-appellant stands on the similar footing as that of co-accused who has already been granted bail. Learned counsel for the appellant has next submitted that the appellant is in jail since 24.07.2021 and has no criminal history to his credit. Learned counsel for the applicant has next submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that the chances of trial being concluded in near future is very bleak due to heavy dockets.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts and the fact that similarly placed co-accused has already been granted bail.
I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.
Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed.
Accordingly, this criminal appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.
Let the appellant Sandeep Singh involved in Case Crime No. 133 of 2020, under Sections 376 D and 506 IPC and Section 3(2)(V) of SC/ST Act, P.S. Gopiganj, District Bhadohi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The appellant shall not tamper with the evidence during the trial.
2. The appellant shall not pressurize/ intimidate the prosecution witness.
3. The appellant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 7.10.2021/Md Faisal