Court No. - 50
Case :- CRIMINAL APPEAL No. - 2917 of 2021 Appellant :- Umesh Chandra Tiwari @ Munna Tiwari Respondent :- State of U.P. and Another Counsel for Appellant :- Sushil Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A (2) of S.C./S.T. Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 05.07.2021, passed by Special Judge S.C./S.T Act, Fatehpur in Case Crime No. 28 of 2021, under Sections - 302, 201 I.P.C. and Section - 3(2)5 S.C./S.T. (P.A.) Act, Police Station - Asothar, District - Fatehpur.
Crux contention raised before this Court is that it is a circumstantial evidence based case. No offence has been committed by the appellant. The F.I.R. was lodged on 06.02.2021 against unknown persons, when the village pradhan along with another found the dead body of the deceased. The name of the applicant has surfaced in the confessional statement of co- accused- Bhola Dubey. Nothing incriminating has been recovered from the possession of the appellant. Whatever recovery is made, that is imputed to another co-accused- Bhola Dubey. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 10.02.2021.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
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 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 05.07.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant - Umesh Chandra Tiwari @ Munna Tiwari involved in the aforesaid case crime number for the aforesaid offences 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.
It is made clear that advantage of this bail order shall not go to other co-accused of this case, whose role is distinguishable from the present appellant.
Order Date :- 29.10.2021 S Rawat