Court No. - 53
Case :- CRIMINAL APPEAL No. - 7257 of 2018 Appellant :- Vimla Devi And 7 Ors.
Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Kamalendra Kumar Maurya Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the appellants-applicants and learned A.G.A. for the State and perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed challenging the summoning order dated 3.10.2018 passed by Additional Session Judge-II, Jaunpur In Special Session Trial No. 147 of 2018, under Sections 147, 323, 504, 506, 427, 352, 452 of I.P.C. and Section 3(1) (da) (dha) of S.C./S.T. Act, Police Station-Machhalishahar, District- Jaunpur whereby appellants have been summoned in the aforesaid sections.
Learned counsel for the appellants contended that no offence is made out against the appellants and they have been falsely implicated in the present case. The appellant was not arrested during investigation. F.I.R. was lodged against Muniraj, father-in-law of Respondent No.2 Smt. Shimla Devi. Later on after five month of the occurrence Shimla Devi has lodged FIR against the applicants with false allegation. On the alleged date of occurrence appellant No.4 Sanjay Kumar was present in the Court. This FIR was lodged in counter blast of the FIR lodged against Muni Raj.
Per contra, learned A.G.A., contended that there is no infirmity or illegality in the order passed by the learned trial court.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the appellants.
Accordingly, I find no infirmity in the impugned order passed by the trial court and as such, this appeal stands dismissed.
However, none of the aforesaid offences against appellants is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
Accordingly, in exercise of extraordinary jurisdiction of this Court and in view of the order passed by this Court in Smt. Sakeena and others Vs. State, and another reported in 2018 (2) ACR 2190, it is directed that in case the appellants file their bail application and also pray for interim bail, their prayer for interim bail shall be considered and decided on the same day, and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his dependent as per the mandate of Section 15A (5) S.C./S.T. Act.
For a period of 60 days from today or till the appellants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
Order Date :- 30.1.2019 Manish Tripathi