The Court allowed the criminal appeal against an order rejecting bail. It held the case as fit for bail, setting aside the impugned order and directing the release of the appellant on bond with sureties.
Appellant released on bail with a personal bond and two sureties; impugned order setting aside.
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Court No. - 71
Case :- CRIMINAL APPEAL No. - 2939 of 2019
Appellant :- Jay Singh Respondent :- State Of U.P. And Anr. Counsel for Appellant :- P.K. Singh Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant and learned A.G.A. for the State. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 22.2.2019 passed by Second Additional Session Judge/Special Judge, SC/ST Act, in Bail Application No.400 of 2019, arising out of Case Crime No.550 of 2018, under Sections 147, 148, 149, 447, 323, 504, 506, 307 I.P.C. and 3(2)5 of SC/ST (Prevention of Atrocities) Act, 1989, P.S. Rasoolabad, District Kanpur Dehat, seeking bail in the aforesaid sections.
As per FIR version, the present appellant and other co-accused came to the filed of the complainant and started plough the field when the complainant side stooped them to do so then the accused side started beating the complainant party and Jai Singh fired at the complainant's husband.
Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. He submitted that the incident took place on 10.11.2018 and the F.I.R. of the incident was lodged after an inordinate and unexplained delay of two days on 12.11.2018. He further submitted that as per FIR, the present accused Jai Singh has been assigned the role of firing on the injured and shot fired by the accused Jai Singh as alleged to have hit the injured in his forearm, which is not on the vital part of the body. He further submitted that as per medical there is no injury on the person of the deceased on the forearm. Lastly he submitted that the appellant is languishing in jail since 24.12.2018 and in case he is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant Jay Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 17.5.2019 Mini
1 issue framed by the court
Whether the appellant is eligible for bail in a case involving Scheduled Caste offences under Section 3(2)(a) of the SC/ST (Prevention of Atrocities) Act, 1989.
3 provisions across 2 enactments
Jay Singh
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
