Court No. - 50
Case :- CRIMINAL APPEAL No. - 3140 of 2021 Appellant :- Sarvesh Respondent :- State of U.P. and Another Counsel for Appellant :- Deepak Singh Yadav,Sanjay Yadav 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 SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 15.06.2021, passed by the Incharge Additional Session Judge / S.C./S.T. Act, Mainpuri in Case Crime No. 261 of 2021, under Sections - 147, 452, 336, 323, 504, 506 I.P.C. and Section - 3(1) (Da) S.C./S.T. Act, Police Station - Kurawali, District - Mainpuri.
Argument on behalf of the appellant has been extended to the effect that in this case, appellant is innocent and has been falsely implicated in this case due to village partibandi. No offence has been committed by the appellant. The appellant has no motive to commit the offence in question. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. 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 21.05.2021.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
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 15.06.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant - Sarvesh 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 :- 28.10.2021 S Rawat