Appeal against bail rejection under the SC/ST Act allowed. Court set aside impugned order and released appellant on bail, citing parity with co-accused and absence of merit opinion in this order.
Impugned bail rejection order set aside. Appellant released on bail on furnishing personal bond and two sureties subject to specific conditions.
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Court No. - 93
Case :- CRIMINAL APPEAL No. - 5046 of 2022
Appellant :- Bablu Alias Amit Respondent :- State of U.P. and Another Counsel for Appellant :- C.D.Mishra,Mohit Kumar Counsel for Respondent :- G.A.
Hon'ble Surendra Singh-I,J.
Supplementary affidavit filed today is taken on record.
Shri Mohit Kumar, learned counsel for the appellant has filed bail orders relating to co-accused Ravi and Pinku @ Virendra dated 10.11.2022 passed by a co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 2447 of 2022 and 1904 of 2022, respectively which are taken on record.
Heard Shri Mohit Kumar, learned counsel for the appellant, learned A.G.A. appearing on behalf of the State and perused the material available on record.
The present criminal appeal under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 11.05.2022 passed by the Special Judge (SC/ST) Act, Saharanpur whereby the learned Judge has rejected the Bail Application No. 1894 of 2022 arising out of Case Crime No. 742 of 2021, under Sections 307, 120B I.P.C. and Section 3(2)(V) of SC/ST Act, police station Deoband, district Saharanpur.
Brief facts of the case are that the first information report dated 30.12.2021 was lodged by nephew of the injured against two unknown persons stating that on 30.12.2021 at about 04:00 A.M. when his uncle, Aunt, cousins Mohini, Tun, Aditya and Shiva were going for brick-paving and when they reached near Meghashyam's tube-well, two unknown assailants came there and opened fire with the intention of killing them from behind, which went through his aunt Reena's shoulder and hit her uncle's Rakam Singh's waist and after that assailants fled away.
It has been submitted on behalf of the appellant that the appellant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the first information report and his name has surfaced in the case after two
days from the date of incident on the basis of statement of injured Reena Devi recorded under Section 161 CrPC to the effect that apart from two unknown persons appellant Bablu @ Amit was also standing there. It is also submitted that applicant has criminal history of two cases which has duly been explained in para 3 and 4 of the supplementary affidavit. It is further submitted that coaccused Ravi and Pinku @ Virendra, similarly circumstanced as the appellant, have already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 10.11.2022 passed in Criminal Misc. Bail Application Nos. 2447 of 2022 and 1904 of 2022, respectively. It is submitted that the appellant is entitled to be released on bail on the ground of parity. It is in the last submitted that the appellant is in jail since 02.01.2022 and, in case he is released on bail he will not misuse the liberty of bail.
Per contra, learned A.G.A. for the State opposed the prayer for bail of the appellant, but could not dispute the aforesaid factum of the case as argued by the learned counsel for the appellant.
Considering the arguments advanced by learned counsel for the appellant and learned AGA, the facts and circumstances of the case, nature of the offence, evidence appearing in the case, complicity of the accused, the fact that co-accused Ravi and Pinku @ Virendra have already been enlarged on bail, the fact that the appellant is in jail since 02.01.2022, but without expressing any opinion on the merits of the case, this Court is of the opinion that the appellant has made out a case for bail.
Accordingly, the appeal is hereby allowed. The impugned order dated 11.05.2022 rejecting the bail application of the appellant is hereby set aside.
Let the appellant Bablu Alias Amit be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) That the appellant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(ii) That the appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) That after his release, the appellant shall not involve in any
criminal activity.
(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the appellant on bail.
It is made clear that in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the appellant.
It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court/J.J.Board shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, uninfluenced by any finding or observation whatsoever in this order.
Order Date :- 8.2.2023
Pratima
Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad
3 issues framed by the court
Whether the appellant is entitled to bail on the ground of parity with co-accused already released on bail.
Whether the impugned bail rejection order should be set aside.
Whether the appellant has made out a prima facie case for bail considering the nature of the offence.
3 provisions across 2 enactments
Bablu Alias Amit
State of U.P.
Surendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
