Court No. - 50
Case :- CRIMINAL APPEAL No. - 2725 of 2021 Appellant :- Shaheed Respondent :- Sate Of U.P.
Counsel for Appellant :- Saurabh Tripathi
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned Additional Government Advocate for the State 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 with the prayer to set aside the order dated 2.4.2021 passed by Special Judge, SC/ ST (Prevention of Atrocities) Act, Bijnor in Bail Application No.818 of 2021 in S.T. No.416 of 2017 arising out of case crime no.944 of 2009, under Sections 323, 307, 504 IPC and u/s 3(2)5 of SC/ST (Prevention of Atrocities) Act, Police Station- Kiratpur, District- Bijnor.
Learned counsel for the appellant has argued that the appellant is an innocent person and has been falsely implicated in the present case. The appellant claims that during the course of proceedings of the trial, he could not appear before the court concerned as a result of which, Non-Bailable Warrant has been issued against the appellant. The learned counsel for the applicant submits that the appellant has not deliberately and intentionally avoided the proceedings before the trial court. Learned counsel for the appellant also submits that the appellant is ready to furnish an undertaking that, in case, he is released on bail, he will not repeat the such mistake again in future and will cooperate with the trial. 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. The appellant is languishing in jail since 02.04.2021.
Learned Additional Government Advocate has though opposed the bail of the appellant but could not dispute the aforesaid fact.
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 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 2.4.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Shaheed 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.
Order Date :- 27.7.2021 Raj Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.28 17:06:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad