Court No. - 50 Case :- CRIMINAL APPEAL No. - 3306 of 2021 Appellant :- Shivkesh Respondent :- State of U.P. and Another Counsel for Appellant :- Kuldeep Singh Yadav Counsel for Respondent :- G.A.,Ram Ashish Pandey Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, Sri Ram Ashish Pandey, learned counsel for the informant, 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 6.7.2021 passed by Special Judge SC/ST Act court no.2, Etawah in Bail Application No.1272 of 2021, Case Crime No.88 of 2021, under Sections 147, 148, 149, 323, 504, 506, 307, 302 IPC and Section 3(2)5 SC/ST (P.A.) Act, P.S.
Saifai, District Etawah.
Argument on behalf of the appellant has been extended to the effect that in this case, appellant is not named in the FIR. He further submits that the appellant is innocent and has been falsely implicated in this case on account of village pradhani election. The appellant has no role to play in the commission of the offence. Criminal history of the appellants has been satisfactorily explain by the appellant in paragraph no.19 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 07.06.2021. Under the similar set of facts co- accused have already been admitted to bail by this Court on 21.10.2021 in Criminal Appeal No.3340 of 2021, copy whereof has been produced by the appellant, the same is taken on record.
Learned counsel for the informant and learned Additional Government Advocate have 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 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 06.07.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Shivkesh 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 appellant 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 :- 27.10.2021 Raj