Allowed

Sheshnath and Another v. State of U.P. and Another

Allahabad HC22 Jul 2021CRLA/303/2021

Case brief

AI extract

What is this about?

The Single Judge allowed a Criminal Appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989. The court set aside the order rejecting bail and ordered the release of the appellants on bail subject to furnishing bonds and sureties.

What did the court decide?

Set aside impugned order rejecting bail; released appellants on bail subject to furnishing personal bonds and two sureties each.

Sheshnath and Another Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 303 of 2021

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Appellant :- Sheshnath And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Pradeep Kumar Srivastav Counsel for Respondent :- G.A.,Sadhu Sharan

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the appellants, Sri Sadhu Saran, learned counsel for the informant, learned A.G.A. for the State and perused the material available on record.

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This Criminal Appeal under Section 14-A(2) of Scheduled Castes & The Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 11.12.2020, passed by Special Judge S.C./S.T (P.A.) Act, Ghazipur in Case Crime No. 338 of 2020, under Sections - 147, 148, 307, 120-B I.P.C. and Section 3(2)V S.C./S.T. (P.A.) Act, Police Station - Mardah, District - Ghazipur.

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Contention raised on behalf of the appellants has been confined to the extent that the appellants are innocent and have been falsely implicated in this case on account of enmity and village partibandi. The appellants had no specific motive to commit any crime. More so, assuming it to be that any offence was committed, then the role of firing has been assigned to another person. If the case of firing on the victim is admitted, even then that is not on the vital part of the body, but it is on the thigh, which is not the vital part. Therefore, to say that it could have cause death is not acceptable. In case, the appellants are admitted to bail, there is no possibility of their absconding or misusing the liberty of bail. The appellants are languishing in jail since 22.11.2020. Under the similar circumstances co- accused Krishna @ Pintu Rai has been admitted to bail by coordinate Bench of this Court on 6.4.2021 in Criminal Appeal No.525 of 2021, copy whereof has been produced by the learned counsel for the appellants, the same is taken on record.

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Learned A.G.A. and Sri Sadhu Saran, learned counsel for the informant have vehemently opposed the bail of the appellant.

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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 in this appeal.

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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 appellants.

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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.

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Accordingly, this appeal is allowed and the impugned order dated 11.12.2020, rejecting the bail of the appellants are set aside.

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Let the accused-appellants, namely, Sheshnath and Ajay involved in the aforesaid crime be released on bail on their 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.

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However, this order will not prejudice the trial court while deciding the case on merit.

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Order Date :- 22.7.2021 Raj

Sheshnath and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sheshnath and Another v. State of U.P. and Another

Case brief

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What did the court decide?

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