Criminal Appeal against bail rejection in a case involving grievous hurt and death under SC/ST Act. Court allowed appeal, set aside rejection, and released appellants on bail with sureties.
Released on bail with personal bond and two sureties each. Impugned bail rejection order set aside.
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Court No. - 88
Case :- CRIMINAL APPEAL No. - 2713 of 2020
Appellant :- Shitesh And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Sachida Nand Tripathi Counsel for Respondent :- G.A.,Upendra Kumar Mishra
Hon'ble Ajit Kumar,J.
Heard Sri Sachida Nand Tripathi, learned Counsel for the appellants-applicants, Sri Upendra Kumar Mishra, learned counsel for the complainant, learned AGA and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellants- Shitesh, Ved Prakash @ Vishal and Vivek with the prayer to set aside the bail rejection order dated 21.08.2020 passed by learned Special Judge (SC/ST Act), Deoria in Bail Application No. 1057 of 2020 in Case Crime No. 170 of 2020 under Sections 147, 148, 149, 304, 323, 504, 506 I.P.C. and Section 3(2)(Va) SC/ST Act, P.S.- Gauri Bazar, District- Deoria.
As per the allegations as made in the first information report allegations, a scuffle took place between the two parties on 02.07.2020 in which the accused applicants is alleged to have beaten people on side of the informant and thus physical assault meeted out to the different members of the informant's side in which one Ram Pyare suffered grievous injury and resultantly died in the hospital.
It has been submitted by learned Counsel for the appellantsapplicants before this Court that it was a mutual fight that took place between the two sides and in which certain injuries were caused also to the applicants' side. It is also argued that it is not clear from any of the statements of the witnesses as to whether the applicants had really hit Ram Pyare who suffered grievous injuries and died due to the assault committed upon him. It is further argued that there is no criminal history to the credit of the applicants. It is also argued that the charge sheet has been submitted in the matter. It is further argued by the learned counsel that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicants are languishing in jail since 08.07.2020.
Opposing the bail application vehemently, learned counsel for the complainant as well as learned A.G.A. have argued that the
applicants' side first information report is highly belated one, inasmuch as, they got the injuries examined after 20 days of the incident which itself shows that they have tried to set up a cross case. However, on the question of assault committed upon Ram Pyare, the deceased, no specific role could be assigned to any individual person.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellants-applicants has been rejected, impugned herein this appeal 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 appellants have made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 21.08.2020 rejecting the bail of the appellants is set aside.
Let the above named accused-appellants involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicants 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 :- 7.1.2021 IrfanUddin
2 issues framed by the court
Whether the appellants have made out a case for bail in a criminal appeal under the SC/ST Act.
Whether the impugned order rejecting bail should be set aside.
1 provisions across 1 enactments
Shitesh and Others
State of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
