Heard learned Counsel for the appellant-applicant, 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- Sanjay Nisad with the prayer to set aside the bail rejection order dated 12.06.2020 passed by learned Special Judge (SC/ST Act), Gorakhpur in Bail Application No. 477 of 2020 in Case Crime No. 454 of 2019, under Section 302 I.P.C. and Section 3(2)(V) SC/ST Act, P.S.- Sahjanwa, District- Gorakhpur.
As per the allegations made in the first information report, the informant on receiving the news that his son was lying there in the territorial area of police station Gorakhpur Industrial Development Authority, Sahjanwa, District Gorakhpur, he rushed there and found him lying dead and accordingly the first information report was lodged. Post mortem of the body had been conducted in which contused swelling on the vital body part besides abrasion on other body parts have been reported by the Medical Officer and the cause of death has been shown as anti mortem injuries.
It has been submitted by learned Counsel for the appellant-applicant that the appellant is quite innocent and has been falsely implicated on the basis of hearsay evidence that his wife had illicit relations with the victim and that is why the relative of that lady had committed murder and the appellant being husband of that lady has come to be implicated. Similar statement has come to be recorded of the Uncle. Besides above, it is argued that there is no evidence to link the appellant with the commission of crime. It is further argued by the learned counsel that the applicant has no criminal history to his credit and further that in the wake of heavy pendency of cases in the Court, there is no chance of early conclusion of the trial. The applicant is languishing in jail since 25.08.2019.
Though 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 State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
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 12.06.2020 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 :- 9.2.2021 IrfanUddin