Allahabad High Court
Vishal Tiwari vs State Of U.P. And Another on 8 April, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- CRIMINAL APPEAL No. - 127 of 2021 Appellant :- Vishal Tiwari Respondent :- State Of U.P. And Another Counsel for Appellant :- Rajesh Kumar Singh Counsel for Respondent :- G.A. Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 07.12.2020 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Jalaun, in Case Crime No.128 of 2020, under Sections 147, 323, 504, 506, 302, 386, 452 I.P.C. & 3(2)5 SC/ST Act, Police Station Kadaura, District Jalaun.
Contention, in brief, is that the appellant has been falsely implicated in this case on account of political rivalry. A false case has been cooked up in collaboration with the police, for the reason that no one saw the incident. The incident is alleged to have taken place on 24.09.2020, whereas, the first information report was lodged on 29.09.2020 after consultation with the police. There is nothing concrete emerging against the appellant. Fact of this case suggests that in this case, after lodging of the first information report on 29.09.2020, statement of the informant was procured by the police on 29.10.2020, that belated statement would have been whispered in the inquest report itself, which is silent about any such indication regarding manner and style of the assaulting the deceased. In view of above, it is obvious that the informant did not see the occurrence as claimed by her. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 01.10.2020.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant has been rejected, impugned herein this appeal.
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 appellant.
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.
Accordingly, this appeal is allowed and the impugned order dated 07.12.2020, rejecting the bail of the appellant is set aside.
Let the accused-appellant Vishal Tiwari involved in the aforesaid case crime number for the aforesaid offences be released on bail on his 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.
It is made clear that observation made in this order shall not be construed to have any reflection on merits of the case and shall not prejudice the trial court while deciding the trial.
Order Date :- 8.4.2021 rkg