Court No. - 64
Case :- CRIMINAL APPEAL No. - 4020 of 2021 Appellant :- Shivam Singh Alias Shivendra Pratap Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Ved Byas Mishra Counsel for Respondent :- G.A.,Rajeev Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit filed on behalf of opposite party No.2 today is taken on record.
2. Heard Sri Ved Byas Mishra, learned counsel for the appellant; Sri Rajeev Kumar Sing learned counsel for the opposite party No.2; Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 01.9.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act/Additional Sessions Judge, Gorakhpur, in Case Crime No. 82 of 2021, under Sections - 147, 148, 149, 307, 302, 34, 120B I.P.C., Section 7 Criminal Law Amendment Act and Section 3(2)(V) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Belghat, District - Gorakhpur, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 01.6.2021, the appellant is in confinement since then ; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; the appellant had no criminal history prior to the incident; chargesheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted by learned counsel for the appellant that though the FIR makes allegation of gunshot injuries, during investigation it is undisputed that the injuries suffered by two injured persons were incised wound caused by knife; role has been assigned to causing knife injury to Asif, Krishna Agrahari and Sintu; that role has not been ascribed to the appellant; there are no fire arm injuries. Also, it has been submitted, the allegations of violation under SC/ST Act are general and made to lend colour to the story.
5. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
6. Having heard learned counsel for the parties and having perused the record, at present, the order passed by the learned court below rejecting the bail application filed by the appellant, cannot be sustained.
7. Without drawing any inference as to facts, in view of the above noted facts & submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 01.9.2021, rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Shivam Singh Alias Shivendra Pratap Singh , involved in the aforesaid crime 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 :- 17.12.2021 Faraz