This Criminal Appeal was filed to set aside a bail rejection order. The court held that the appellant had demonstrated innocence and lack of flight risk, thereby making out a case for bail, and consequently granted release.
Accused-appellant released on bail by furnishing personal bond and two sureties, each of like amount.
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. - 50
Case :- CRIMINAL APPEAL No. - 1854 of 2021
Appellant :- Sahil Respondent :- State Of U.P. And Another Counsel for Appellant :- Sachin Malik,Onkar Singh 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 SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 25.08.2020 passed by Additional Sessions Judge / Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Hapur, in Case Crime No.74 of 2020, under Sections 302 I.P.C. and 3(2) (Va) SC/ST Act, P.S. Babugarh, District Hapur.
Contention, in brief, is that on account of some misunderstanding, false and concocted first information report was lodged at the instance of the other. The applicant is innocent and has been falsely implicated in this case. All the witnesses of fact, in all - say six were examined by the prosecution and they have not supported the prosecution even in the least. They have categorically stated that the applicant was neither involved in this case nor did they witness him committing the offence in question. It being so, there is no evidence available against the applicant justifying his involvement in this case. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant is languishing in jail since 11.03.2020.
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 25.08.2020, rejecting the bail of the appellant is set aside.
Let the accused-appellant Sahil 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.
Order Date :- 27.7.2021 rkg
2 issues framed by the court
Whether the appellant is entitled to be released on bail by setting aside the order rejecting his bail application under Section 14-A (2) of SC/ST Act.
Whether the facts and circumstances established by the appellant justify granting bail despite the nature of the charges involving Sections 302 IPC and 3(2)(Va) SC/ST Act.
Sahil
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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