Allahabad High Court
Amit Kumar Alias Anil Kumar vs State Of U.P. And Another on 6 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 93 Case :- CRIMINAL APPEAL No. - 793 of 2020 Appellant :- Amit Kumar Alias Anil Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Sanjay Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Surendra Singh-I,J.
Supplementary affidavit has been filed today in the court, is taken on record.
Heard Shri Sanjay Kumar Yadav, 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 23.12.2019 passed by the Special Judge (SC/ST) Act, Mainpuri, whereby the learned Judge has rejected the appellant's Bail Application No.383 of 2019 arising out of Case Crime No.257 of 2019, under Sections 376D, 364, 411 IPC & Section 3(2)(V) of SC/ST Act, police station- Kurawali, District- Mainpuri.
According to the prosecution case, on 5.7.2019 at 11:00 PM while informant Raju @ Pradeep Kumar was going on his motorcycle bearing registration No.UP 79 F-1351, three accused persons in Eco car stopped his vehicle. They committed robbery with the informant and snatched his purse, in which R.C. paper and Rs.15,000/- were kept. They kidnapped his wife and carried her in the car to commit rape and after committing rape they looted her gold earrings, gold chain and sliver payajeb and thrown out of the car.
Learned counsel for the appellant has submitted that appellant is innocent and has been falsely implicated in the present case. It has also been submitted that he is not named in the FIR. It has been submitted that according to the prosecution case, he was arrested along with co-accused on 1.10.2019 by police in a false encounter case. It has also been submitted that false recovery of R.C. paper and Rs.3,000/- was shown from the possession of the appellant. It has further been contended that no identification parade has been conducted. They have been made accused on the basis of confessional statement during arrest in a fake encounter case after more than one month of the incident. It is also submitted that informant Raju as well as the victim has turned hostile and not supported the prosecution case in the court below. They have refused to recognise the appellant as the person who committed the crime. Appellant-accused has explained criminal history of five cases in para 7 of the supplementary affidavit, which have been presented by learned AGA against the appellant. It is further submitted that appellant is in jail since 13.08.2019 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 on behalf of the parties, facts and circumstances of the case, nature of the offence, evidence appearing in the case, recovery memo, the statements of informant and victim u/s 161 and 164 Cr.P.C., the fact that the appellant is in jail since 13.08.2019, 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 23.12.2019 rejecting the bail application of the appellant is hereby set aside.
Let the appellantAmit Kumar Alias Anil Kumar 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.
Order Date :- 6.1.2023 Ashutosh Pandey