Court No. - 64
Case :- CRIMINAL APPEAL No. - 4829 of 2021 Appellant :- Shobhit @ Shohit Respondent :- State of U.P. and Another Counsel for Appellant :- Raj Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Despite service of notice on respondent no. 2, none has appeared on his behalf to oppose the appeal. Accordingly, the appeal is being proceeded on merits.
2. Heard Sri Raj Kumar Sharma, learned counsel for the appellant and Sri Ashwini Prakash Tripathi, learned AGA for the State.
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 23.9.2021, passed by Special Judge (S.C./S.T. Act), Shahjahanpur, in Case Crime No. 380 of 2021, under Section - 306 I.P.C. and Section 3(2)V S.C./S.T. (Prevention of Atrocities) Act, Police Station - Rauja, District - Shahjahanpur, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 7.7.2021, the appellant is in confinement since 12.7.2021; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; the appellant has no criminal history; charge-sheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, for the purpose of grant of bail, it has been submitted, there is no evidence of any positive act committed by the appellant as may have provoked the deceased to commit suicide. Mere presence of mobile location in the vicinity may never be enough to establish that fact. Also, it has been submitted, the allegations of violation of 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/s, cannot be sustained.
7. Without drawing any inference as to facts, in view of the above noted facts and submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant/s be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 23.9.2021 rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Shobhit @ Shohit 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 :- 20.12.2021 Prakhar