Allahabad High Court
Ram Sharan Yadav vs State Of U.P. And Another on 16 March, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- CRIMINAL APPEAL No. - 3030 of 2020 Appellant :- Ram Sharan Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Devendra Mohan Singh,Chandra Bhan Yadav,Mahesh Prasad Yadav,Mayank Srivastava Counsel for Respondent :- G.A.,Prashant Pratap Rao Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned counsel for the informant, learned Additional Government Advocate for the State and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 18.08.2020 passed by Special Judge (SC/ST Act) Azamgarh in Criminal Bail Application No.1662 of 2020 in Case Crime No.101 of 2020, under Sections 147, 148, 308, 323, 324, 504, 506 IPC and 7 Criminal Law Amendment ACt and 3(2) va and 3(1)(da) and 3(1) (dha) of SC/ST Act, P.S. Raunapar, district Azamgarh.
Learned counsel for the appellant submits that appellant is innocent and has been falsely implicated in this case on account ulterior motive. The appellant has absolutely no motive or intention to commit the alleged incident. It is cross case and both the sides have sustained injuries. Appellant is languishing in jail since 3.6.2020. He submits that in case, he is admitted to bail, there is no possibility of his absconding and misusing the liberty of bail. It has been assured on behalf of the appellant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The appellant is languishing in jail since 3.6.2020. Criminal history of the appellant has been satisfactorily explained by the appellant in paragraph no.13 to the affidavit filed in support of this appeal.
The learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for bail.
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-applicant 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 18.08.2020 rejecting the bail of the appellant is set aside.
Let the applicant- Ram Sharan Yadav involved in the aforesaid crime be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the condition that appellant shall cooperate in the trial.
Order Date :- 16.3.2021 Raj