The Allahabad High Court allowed an appeal to set aside a bail rejection order. The Court held that the appellant had established a case for bail and directed his release on personal bond and two sureties.
Release of appellant on bail upon furnishing a personal bond and two sureties subject to standard bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:181970
Court No. - 85
Case :- CRIMINAL APPEAL No. - 7305 of 2023 Appellant :- Sanjay Giri Respondent :- State Of U.P.And Another Counsel for Appellant :- Amrendu Singh,Sr. Advocate Counsel for Respondent :- G.A.,Divyansh Sharma
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the appellant, Sri Divyansh Sharma, learned counsel for the informant/opposite party no. 2, learned Additional Government Advocate for the State of U.P. 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 appellant with the prayer to set aside the bail rejection order dated 25.05.2023 passed by learned Special Judge (SC/ST Act)/Additional Sessions Judge, Ballia in Bail Application No. 974 of 2023, arising out of Case Crime No. 179 of 2023, under Sections 323, 504, 307 IPC and Section 3 (1) da, 3 (1) dha, 3 (2) V of SC/ST Act, Police Station Rasra, District Ballia.
As per prosecution version, appellant was known by the prosecutrix 7 to 8 months back and she used to talk with him. However, after some time, she stopped to talk with him. On 05.05.2023 at around 9 am, appellant came to the room of victim and fired upon her as a result of which she sustained fire-arm injury on her leg.
Learned counsel for the appellant argued that the appellant is innocent and he has been falsely implicated in this case. It is further submitted that injury received by the victim is not on vital part. It is further submitted that statement of the victim has been recorded before the trial court wherein she has not corroborated the prosecution version and categorically denied the involvement of the appellant in the incident. The appellant does not have any criminal history to his credit. Lastly, it is submitted by learned counsel for the appellant that there is no chance of the appellant fleeing away from the judicial process or tampering with the prosecution evidence. The appellant is languishing in jail since 07.05.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the
case.
Per contra, learned A.G.A. assisted by learned counsel for the infomrant opposed the prayer for bail but could not dispute the aforesaid factual aspects of the matter.
Having regard to the facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, this Court is of the view that the appellant has made out a case for bail. The Court below erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed.
Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.
Let the appellant, namely, Sanjay Giri involved in the above Case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/intimidate the prosecution witness.
(iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v) 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.9.2023 AKT
Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad
3 issues framed by the court
Whether the bail rejection order passed by the Special Judge/Additional Sessions Judge should be set aside in an appeal under Section 14-A(2) of the SC/ST Act.
Whether the appellant has made out a case for bail despite the serious nature of the charges including IPC Sections 307 and 323.
Whether the impugned order suffers from infirmity and illegality warranting its setting aside.
3 provisions across 2 enactments
Sanjay Giri
State Of U.P.
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
