Court No. - 64
Case :- CRIMINAL APPEAL No. - 3791 of 2021 Appellant :- Shyamu Parihar Respondent :- State of U.P. and Another Counsel for Appellant :- Ajay Sengar Counsel for Respondent :- G.A.,Satya Prakash Chaturvedi
Hon'ble Saumitra Dayal Singh,J.
1. Rejoinder affidavit filed today. Taken on record.
2. Heard Sri Ajay Sengar, learned counsel for the appellant; Sri Satya Prakash Chaturvedi, learned counsel appearing for the informant; Sri Janardan Prakash, learned AGA for the State and perused the material placed on record.
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 31.08.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Jalaun at Orai, in Case Crime No. 116 of 2021, under Section - 302 I.P.C. and Section 3(2)(V) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Konch, District - Jalaun, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 30.03.2021, the appellant is in confinement since 04.04.2021; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; as to criminal history of three cases, the same has been explained; chargesheet has already been submitted yet, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted, the present is a case of very weak circumstantial evidence. In that connection, it has been submitted, prior to registration of the FIR, body of the deceased was recovered on 30.03.2021. It was not preceded by any missing person report. Upto the stage of panchayatnama being drawn wherein first informant was present, no allegation emerged against the present appellant. Twelve hours after the discovery of the dead body, the FIR came to be registered making allegation of last seen. Thus, it has been submitted, the FIR narration is concocted. There is no ocular evidence available. As to the recoveries, it has been submitted, the appellant was badly tortured while in police custody as is evidenced from his injury report, copy of which has been annexed with this application. 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. and learned counsel for the informant have vehemently opposed the prayer for bail of the appellant. They would submit, there was motive with the appellant and that chowkidar has stated that he had informed the first informant of having last seen the deceased with the present appellant and the co-accused at the time of panchayatnama.
6. Having heard learned counsel for the parties and having perused the record, at present, it cannot be denied that the present case is based on circumstantial evidence. Though no finding of fact may be recorded and no inference may be made as may impede the trial, at the same time, in the undisputed facts of the present case where the body was recovered and panchayatnama was drawn in the presence of the first informant about twelve hours before the FIR came to be lodged.
7. In view of the above noted facts & submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 31.08.2021, rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Shyamu Parihar, involved in the aforesaid crime be released on bail on his furnishing personal bonds and two heavy 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.
10. It is made clear, in the event of any attempt being made by the appellant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material, that application if filed, may be taken up on priority.
Order Date :- 16.12.2021 Abhilash