Court No. - 64
Case :- CRIMINAL APPEAL No. - 5352 of 2021 Appellant :- Suresh Patel Respondent :- State of U.P. and Another Counsel for Appellant :- Ratan Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Though service report is awaited, upon query made, learned AGA states, written instructions has been received, amongst other, as to service effected on respondent no.2 on 10.11.2021 of the present bail application. None has appeared on her behalf. Accordingly the matter has been proceeded on merits.
2. Heard Sri Jitendra Singh, learned counsel for the appellant and Sri Janardhan 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 21.10.2021, passed by Special Judge (S.C./S.T. Act), Mirzapur, in Case Crime No. 158 of 2020, under Sections - 323, 406, 504, 506 I.P.C. and Sections 3(1)Da and 3(1)Dha of S.C./S.T. Act, Police Station - Ahraura, District - Mirzapur, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 7.9.2020, the appellant is in confinement since 21.10.2021; the appellant claims to have cooperated in the investigation; 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, the appellant has been completely falsely implicated in the occurrence. Other civil disputes are stated to be cause of the present prosecution. Co-accused Smt. Prema has already been granted bail by the learned court below. 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, 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 be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 21.10.2021 rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Suresh Patel 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 :- 17.12.2021 Prakhar