The Criminal Appeal allowed. The High Court set aside the bail rejection order and directed the release of the appellant, Raj Bihari, on bail with personal bonds and sureties in a case of caste atrocities.
Impugned order rejecting bail set aside; accused released on bail with personal bond and two sureties.
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Court No. - 50
Case :- CRIMINAL APPEAL No. - 2671 of 2021
Appellant :- Raj Bihari Respondent :- State of U.P. and Another Counsel for Appellant :- Satya Prakash Shukla Counsel for Respondent :- G.A
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant and learned Additional Government Advocate for the State respondent.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 16.04.2021, passed by learned Special Judge, (SC/ ST Act), Sonbhadra in Special Session Trial No.- 110 of 2019 arising out of Case Crime No.- 78 of 2019 under Sections -147, 148, 149, 302, 307/34 of I.P.C. and Sections 3(2)(V) of SC/ST (Prevention of Atrocities) Act, 1989, Police Station- Ghorawal, District- Sonbhadra.
Contention raised on behalf of the appellant has been confined to the extent that the appellant is innocent and has not committed any offence. Similarly circumstanced, another coaccused - Rajbir Singh has already been admitted to bail by this Court in Criminal Appeal No. 1506 of 2021, vide order dated 25.3.2021. Copy of bail order has been produced by learned counsel for the appellant, the same is taken on record. In case, the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 19.10.2019.
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 16.04.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant - Raj Bihari 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 :- 25.10.2021 S Rawat
2 issues framed by the court
Whether the appellant was entitled to bail under Section 14-A(2) of the Prevention of Atrocities Act given similar orders granted to co-accused.
Whether the lower court's bail rejection order was legally sustainable.
2 provisions across 2 enactments
Raj Bihari
State of U.P.
Arvind Kumar Mishra-I,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
