Heard learned Counsel for the appellant-applicant, learned counsel for the complainant, learned AGA 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- Shivhari Maurya with the prayer to set aside the order dated 29.6.2020 passed by learned Special Judge (SC/ST Act), Deoria in Bail Application No. 690 of 2020 rejecting the bail application in Case Crime No. 44 of 2020 under Sections 147, 307, 323, 504, 352 I.P.C. and Section 3(2)(5) SC/ST Act, P.S.- Madanpur, District- Deoria.
Allegations in the first information report are that incident took place on 21.5.2020 at 5.30 AM when the son of the informant was going to the field to answer the nature's call and the named accused persons started physically assaulting him with lathi, danda and knife. Resultantly, son of the informant fell on the ground and was then hit by Shivhari Maurya, who is the applicant herein and one Sadanand, with knife because of which he received severe injuries.
It has been submitted by learned Counsel for the appellant-applicant that the appellant is quite innocent and has been falsely implicated for ulterior motives. It is further submitted that the incident which took place was in fact a mutual scuffle in which the applicant alongwith other accused persons has also received major injuries. Injury report is annexed as Annexure No.5A, 5B, 5C and 5D to the present appeal/bail application. It is further submitted that the applicant has also lodged FIR against the respondents on 28.5.2020 regarding the time and date of the same incident. It is also argued that there is no criminal history to the credit of the applicant. It is also submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicant is languishing in jail since 31.5.2020.
Per contra, the appeal has been opposed vehemently by the counsel for the complainant as well as the learned A.G.A. but they could not dispute the aforesaid facts.
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 to justify and sustain the order of the court below rejecting the bail applications 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 appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 29.6.2020 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant 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 :- 21.1.2021 Deepika