The appellate court allowed the criminal appeal filed by Nanhe, setting aside the Special Judge's order rejecting bail under the SC/ST Act, and ordered the appellant's release on personal bond and sureties.
The appeal was allowed and the impugned order rejecting bail was set aside. Appellant released on bail with conditions.
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Court No. - 82
Case :- CRIMINAL APPEAL No. - 51 of 2024
Appellant :- Nanhe Respondent :- State Of Up Others Counsel for Appellant :- Chandra Prakash Misra,Prakash Sharma Counsel for Respondent :- G.A.
Hon'ble Subhash Chandra Sharma,J.
This appeal was nominated by Hon'ble the Chief Justice to this Bench.
Order on Bail Application No. 01 of 2024
Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the material on record.
This criminal appeal under Section 14-A(2) 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 18.12.2023 passed by the Special Judge (SC/ST) Act.
It is submitted by learned counsel for the appellant that he is innocent and has been falsely implicated by the informant for causing injury to the injured and other persons. It is also submitted that no specific role was assigned to the present appellant, but injury said to be caused on the head of the injured, was not intended by the appellant. It was said to be caused with spade. The appellant is in jail since 16.11.2023, having criminal history of one case in which he is on bail. All these facts were not taken into consideration by the learned trial court while rejecting the bail application on 18.12.2023 which cannot be said to be lawful, therefore, request to set aside the order passed by the learned Special Judge dated 18.12.2023 and allow the appeal. There is no possibility of hearing of appeal in near future, therefore, request to release the appellant on bail during the pendency of appeal.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submissions made by the learned counsel for the appellant as well as learned A.G.A., perusal of record, since appellant is languishing in jail from 16.11.2023, and having criminal history of one case in which he is on bail, therefore, case for bail is made out. The order dated
18.12.2023 passed by the learned trial court cannot be said to be lawful and is liable to be set aside and the appeal is 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 Nanhe involved in Session Trial No.414 of 2019, Case Crime No. 53 of 2019, under Sections 323, 504, 506, 308 I.P.C. and Section 3 (1) Da, 3(1) Dha, SC/ST Act, Police Station Ramkola, District Kushinagar 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.
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 :- 29.7.2024 T.S.
Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the appellate court ought to allow the criminal appeal to set aside the earlier order rejecting the application for bail?
Whether the appellant be released on bail subject to conditions during the pendency of the appeal?
3 provisions across 2 enactments
Nanhe
State Of Up
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
