Court No. - 50
Case :- CRIMINAL APPEAL No. - 3304 of 2021 Appellant :- Satyabhan And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Kuldeep Singh Yadav Counsel for Respondent :- G.A.,Ram Ashish Pandey
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellants, Sri Ram Ashish Pandey, learned counsel for the informant, 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 appellants with the prayer to set aside the order dated 26.7.2021, passed by Special Judge SC/ST Act, Etawah, in Case Crime No. 88 of 2021, under Sections - 147, 148, 149, 323, 504, 506, 307, 302 I.P.C. and Sections - 3(2)5 SC/ST (P.A.) Act, P.S. Saifai, District Etawah.
Urge made on behalf of the appellant has been confined to the extent that the appellant is innocent and has been falsely implicated in this case. Appellants had neither any motive nor was he involved in commission of the crime. The dying declaration of the deceased, which is annexed as Annexure No.5 to the affidavit filed in support of the appeal is profusely reflecting the fact that appellant had no role in committing the offence and police in order to easily work out the case has got the appellant involved in this case in collusion with the informant. 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 19.07.2021.
Sri Ram Ashish Pandey, learned counsel for the informant has vehemently opposed the prayer for bail. However, he has not denied the content of dying declaration that the names of the appellants do not figure in it, although the names of other co-accused figures in the same.
Learned A.G.A. has also opposed the prayer for bail of the appellants.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellants 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 appellants.
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 appellants have made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 26.7.2021, rejecting the bail of the appellants is set aside.
Let the accused-appellants - Satyabhan and Pravesh involved in the aforesaid case crime number for the aforesaid offences be released on bail on their furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellants shall cooperate in the trial and will not jump the bail.
Order Date :- 26.10.2021 S Rawat