Court No. - 64
Case :- CRIMINAL APPEAL No. - 4593 of 2021 Appellant :- Sintu @ Sachindra Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Satyawan Shahi,Prashant Kumar Singh Counsel for Respondent :- G.A.,Rajeev Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri V.P. Srivastava, learned Senior Counsel for the appellant; Sri Ashwani Prakash Tripathi, learned AGA for the State and perused the material placed on record.
2. 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 04.09.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Gorakhpur, in Case Crime No.82 of 2021, under Sections -147, 148, 149, 307, 302, 34, 120B I.P.C. and Section 7 of Criminal Law Amendment Act and Section 3(2)(V) S.C./S.T. (Prevention of Atrocities) Act, Police Station -Belghat, District -Gorakhpur, whereby bail application of the appellant has been rejected.
3. Learned counsel for the appellant submits that though the appellant is named in the FIR, no role has been assigned to him therein. In the statement of the injured witness, though role has been assigned, however, it is not corroborated by the injury report, inasmuch as, the injury has not been properly described in the injury report as may indicate even on prima facie basis that there was any serious injury suffered. Referring to the case diary material, it has been submitted that the injured witness was managed conservatively by the doctors and was discharged within three days. In short, it has been submitted that the appellant has been over implicated with offence under Section 307 IPC, though no grievous or serious injury had been caused.
The case of the present appellant is different from that of the co-accused Asif and Krishna Agrahari on whom allegation exists of fatal assault made on the deceased. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
4. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
5. 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, cannot be sustained.
6. Without drawing any inference as to facts, 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.
7. Accordingly, this appeal is allowed and the impugned order dated 04.09.2021, rejecting the bail of the appellant is set aside.
8. Let the accused-appellant, namely, Sintu @ Sachindra Singh, 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 :- 24.12.2021 S.Chaurasia