The High Court allowed a bail appeal filed under the SC/ST (PoA) Act. The court set aside the impugned order denying bail and granted release on bond and sureties, noting no injury was received by the complainant.
Impugned order set aside; appellant released on personal bond and two reliable sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 71
Case :- CRIMINAL APPEAL No. - 2656 of 2019
Appellant :- Suresh Respondent :- State Of U.P. And Another Counsel for Appellant :- Shailesh Singh Yadav,Shiv Nath Singh Counsel for Respondent :- G.A.,Jayant Kumar
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of appellant in the Court today is taken on record.
Heard learned counsel for the appellant, learned counsel for the complainant learned A.G.A. for the State and perused the material on record.
This criminal appeal under Section 14 A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 19.3.2019 passed by the Addl. District & Sessions Judge, court no. 2/Special Judge (SC/ST) Act, Kanpur Dehat in Criminal Misc. Bail Application No. 566 of 2019, arising out of Complaint Case no. 167 of 2018, under Sections 323, 504, 506, 392 I.P.C. and Section 3(2)V SC/ST Act, P.S. Adbarpur, district-Kanpur Dehat, seeking bail in the aforesaid sections.
Learned counsel for the appellant submitted that the appellant is absolutley innocent and has been falsely implicted in the present case due to old enmity. The incident is said to have taken place on 8.9.2018 at about 6:00 P.M. when the complainant was going on a motorcycle to attend a meeing in Orai with Vidyaniwas Pandey and Prashant Dayal. When they crossed the bridge, the appellant along with Jagrani and four unknown persons came in Maruti van and stopped the motorcylce of the complainant. When complainant tried to ran away he was caught hold by the accused and his companions then Jagrani started beating him with sleepers and broke the gold chain of the complainant. They also threatened him with dire consequences. He next submitted that the matter was reported to the police station Akbarpur but no F.I.R. was lodged against the accused persons. After ten days of the alleged incident a complaint case was filed in the lower court. He further submitted that neither anyone has received injury nor anyone has witnessed the incident. He lastly submitted that the appellant, who is in jail since 9.3.2019 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Per contra learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, considering that the accused has been summoned in a complaint case, no one has received any injury from the complainant side, I am of the view that the bail application filed before the court below deserves to be allowed. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned order dated 19.3.2019 passed by the Addl. District & Sessions Judge, court no. 2/Special Judge (SC/ST) Act, Kanpur Dehat is hereby set aside.
Let the applicant-appellant, Suresh be released on bail in the aforesaid case crime number on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 9.5.2019 Faridul
2 issues framed by the court
Whether the bail application filed before the lower court deserves to be allowed in a complaint case.
Whether the criminal appeal challenging the denial of bail succeeds.
1 provisions across 1 enactments
Suresh
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
