Court No. - 50
Case :- CRIMINAL APPEAL No. - 1539 of 2021 Appellant :- Shivansh Katiyar @ Happy Respondent :- State of U.P. and Another Counsel for Appellant :- Siya Ram Verma,Akansha Verma,Deepak Kumar Verma Counsel for Respondent :- G.A.
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 10.02.2021 passed by IInd Additional District and Sessions Judge/Special Judge (SC/ST) Kanpur Dehat in Bail Application No.226 of 2021 arising out of case crime no.241 of 2019, under Sections 302/34 IPC and Section 3(2) (V) of SC/ST (Prevention of Atrocities) Act, Police Station Bilhaur, District Kanpur Nagar.
Learned counsel for the appellant has argued that the appellant is an innocent person and has been falsely implicated in the present case. Under the similar set of facts co- accused Prince Awashti has already been admitted to bail by coordinate Bench of this Court on 03.11.2020 in Criminal Miscellaneous Bail Application No.18956 of 2020, copy whereof has been annexed as Annexure No.8 to the affidavit filed in support of this application. There is no direct or indirect evidence against the appellant to commit the alleged offence, except the confessional statement and plantation of one tamancha 315 bore and one cartridge by police personnel, which is nothing but good work of the police. He further added that the only role assigned to the applicant is that of catching hold only. The appellant has not caused any injury to the deceased. Criminal history of the applicant has been satisfactorily explained by the appellant in paragraph no.15 to the affidavit filed in support of this application. 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 01.06.2019.
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 10.02.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Shivansh Katiyar @ Happy 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.
The concerned Court/ Authority/ Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 Raj