Court No. - 53
Case :- CRIMINAL APPEAL No. - 6253 of 2018 Appellant :- Shivam Yadav Alias Raju Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Kamal Dev Rai Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit has been filed by learned A.G.A. for the State of U.P. in the Court today, the same is taken on record.
Heard learned counsel for the parties and perused the record.
This criminal appeal under Section 14A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short 'Act, 2015') has been filed on behalf of the appellant, challenging the order dated 20.08.2018 passed by IInd Additional Sessions Judge/Special Judge (S.C./S.T. Act), Etawah, in Bail Application No. 1672 of 2018 (Shivam Yadav alias Raju Yadav v. State of U.P.), arising out of Case Crime No. 276 of 2018, under Section 307 of the Indian Penal Code, 1860 (for short 'IPC'), Police Station - Bharthana, District - Etawah, seeking bail in the aforesaid sections.
As per prosecution version, on 11.07.2018 at about 08.45 P.M., appellant Shivam Yadav alias Raju Yadav and co-accused Tanu Shukla shot fire on the right shoulder of Mohit Kumar, son of informant/private-respondent Murari Lal, due to which he sustained injury.
Learned counsel for the appellant contended that the occurrence had taken place at night. Injured Mohit Kumar has sustained single firearm injury. It is not specified as to who caused injury to Mohit Kumar. As per prosecution version and medical report, injury has been caused to injured Mohit Kumar by putting firearm on his shoulder. Accordingly, offence under Section 307 of IPC is not made out against the appellant. The appellant is languishing in jail since 19.07.2018.
Per contra, learned A.G.A. opposed the prayer for bail and contended that there is no infirmity or illegality in the impugned order passed by the trial court. He further contended that the appellant has a criminal history of two cases of 'marpeet' and loot.
From the perusal of medical report, it reveals that there was blackening around the wound sustained by injured Mohit Kumar.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to allowed. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned order dated 20.08.2018 passed by IInd Additional Sessions Judge/Special Judge (S.C./S.T. Act), Etawah is hereby set aside.
Let the appellant - Shivam Yadav alias Raju Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 30.1.2019 I. Batabyal