Court No. - 50
Case :- CRIMINAL APPEAL No. - 3230 of 2021 Appellant :- Shyam Sunder Respondent :- State of U.P. and Another Counsel for Appellant :- Satpal Counsel for Respondent :- G.A.,Ravindra Prakash Srivastava
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 17.06.2021 passed in Bail Application No.524 of 2021 passed by Special Judge SC/ST Act (P.A.) Act, Siddharth Nagar arising out of case crime no.70 of 201, under Sections 376, 419, 420, 452, 504, 506 IPC and Section 3(2)(v) of The SC and ST (Prevention of Atrocities) Act, 1989, P.S. Dhebarua, District Siddharth Nagar.
Learned counsel for the appellant has argued that the appellant is an innocent person and has been falsely implicated in the present case on account of grab the property of the applicant. No substantial act has been done by the appellant against the prosecutrix/victim. The FIR was lodged by moving application u/s 156(3) Cr.P.C. The appellant has not committed the alleged offence. The victim is a married lady aged about 38 years. Criminal history of the applicant has been satisfactorily explained the applicant in paragraph no.17 to the affidavit filed in support of this application. There is no medical examination report. Both victim and the appellant are the consenting party. 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 30.05.2021.
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 17.06.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Shyam Sunder 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 :- 29.10.2021 Raj