Court No. - 64
Case :- CRIMINAL APPEAL No. - 3679 of 2021 Appellant :- Smt. Veermati Respondent :- State of U.P. and Another Counsel for Appellant :- Krishna Chandra Pandey,Keshawa Prasad Pandey Counsel for Respondent :- G.A.,Ravindra Prakash Srivastava
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri K.C. Pandey, learned counsel for the appellant; Sri Pradeep Kumar Tiwari, Advocate, holding brief of learned counsel for the informant; 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 07.06.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Siddharth Nagar, in Case Crime No. 26 of 2021, under Sections - 304 and 504 I.P.C. and Section 3(2)(v) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Lotan, District - Siddharth Nagar, whereby bail application of the appellant has been rejected.
3. At the outset, learned counsel for the appellant submits, against the FIR lodged on 26.02.2021, the appellant is in confinement since 08.03.2021; the appellant claims to have cooperated in the investigation. In any case she is not shown to have unduly evaded arrest; the appellant has no criminal history; chargesheet has already been submitted yet, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted, other than bald FIR allegations, there is no material to support the same. Referring to the post mortem report, it has been submitted, the deceased died a natural death.
There were no external injury seen anywhere over his body. The cause of death remained uncertain. Thus, it has been submitted, only on account of pre-existing disputes, the appellant who is a lady has been falsely implicated. 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 07.06.2021, rejecting the bail of the appellant is set aside.
8. Let the accused-appellant, namely, Smt. Veermati, involved in the aforesaid crime be released on bail on her 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 :- 21.12.2021 Abhilash