This single judge allowed Criminal Appeal No. 24 of 2021 preferring to set aside an order rejecting bail. Finding no convincing argument to sustain the lower court order, the court granted bail subject to conditions.
Bail granted to Madan Yadav on furnishing personal bond and two sureties, impugned order dated 01.10.2020 set aside.
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Court No. - 50
Case :- CRIMINAL APPEAL No. - 24 of 2021
Appellant :- Madan Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Anjani Kumar Tripathi,Maruti Kumar Tripathi Counsel for Respondent :- G.A.,Ashutosh Yadav
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned Additional Government Advocate for the State and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 01.10.2020 passed by Special Judge (SC/ST Act) Sant Kabir Nagar in Criminal Misc. Bail Application no.626 of 2020 arising out of case crime no.224 of 2020, under Sections 147, 148, 149, 452, 323, 504, 506, 302, 308 IPC and 3(2) (V) of SC/ST Act and 7 C.L.A. Act, Police Station- Mahuli, District Santi Kabir Nagar.
Learned counsel for the appellant has argued that the appellant is an innocent person and has been falsely implicated in the present case on account of village paribandi and political enmity. He further added that the appellant was not present on the spot. Nothing incriminating has been recovered from the possession of the appellant. Appellant is not named in the first information report but later on his name was surfaced in the statement of informant which was recorded after 12 days. Under the similar set of facts co- accused Akash Verma @ Akash Chaudhary has been admitted to bail by coordinate Bench of the Court on 2.7.2021 in Criminal Appeal No.3503 of 2020, copy whereof has been annexed as Annexure No.SA-1 to the supplementary affidavit filed in support of this appeal. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The appellant is languishing in jail since 16.09.2020.
Learned Additional Government Advocate has though opposed the bail of the appellant but could not dispute the aforesaid fact.
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-applicant 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 01.10.2020 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Madan Yadav involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail.
The concerned Court/ Authority/ Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 3.9.2021 Raj
3 issues framed by the court
Whether the bail application preferred by the appellant under Section 14-A(2) of the SC/ST Act should be allowed or dismissed.
Whether the facts and circumstances of the case and evidence suggest that the appellant has made out a case for bail.
Whether the impugned order rejecting bail should be set aside.
1 provisions across 1 enactments
Madan Yadav
State of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
