Court No. - 50
Case :- CRIMINAL APPEAL No. - 1644 of 2020 Appellant :- Santosh Kushwaha Respondent :- State of U.P.
Counsel for Appellant :- Azad Khan,Anuruddh Chaturvedi,Gagan Pratap Singh,Mohini Jaiswal Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A (2) of S.C. & S.T. (Prevention of Atrocity) Act, 1989, has been preferred by the appellant with the prayer to set aside the order dated 25.02.2020, passed by Special Judge, S.C./S.T. Act, Jhansi, in Case Crime No. 568 of 2019 (State vs. Santosh Kushwaha), under Sections - 307, 504, 506, 34 I.P.C. and 3(2)5 and 3(1) Da, Dha S.C./S.T. Act, Police Station - Sipri Bazar, District - Jhansi.
Contention, in brief, is that appellant was not initially named in the first information report and the other co- accused were branded as the original accused. Now, it so happened that the injured - Ratan was examined under Section – 161 Cr.P.C., wherein the name of the appellant arose as the author, who caused the injury. Now, it so happened that the trial commenced and statements of P.W.-1 and P.W.-2 were recorded and P.W.2 was none other than the injured himself. In his examination in chief, he has categorically stated that he was shot by Vikas and not by Santosh, the present applicant and it being the statement recorded before the trial court. Now the statement recorded under Section – 161 Cr.P.C. looses its significance. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 26.02.2020.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant. However, he has not disputed the aforesaid statement/testimony of P.W.-2- the injured before the trial court.
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 has been rejected, impugned herein this appeal.
Nothing convincing has been argued on behalf of the complainant/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 25.02.2020, rejecting the bail of the appellant is set aside.
Let the accused-appellant - Santosh Kushwaha involved in the aforesaid case crime number for the aforesaid offences be released on bail on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellant shall cooperate in the trial and will not jump the bail.
Order Date :- 19.8.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.26 16:50:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad