Allahabad High Court
Bhagirath vs State Of U.P. And Another on 17 June, 2021
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL APPEAL No. - 1267 of 2021 Appellant :- Bhagirath Respondent :- State of U.P. and Another Counsel for Appellant :- Krishna Mohan Tripathi,Rajesh Kumar Mishra Counsel for Respondent :- G.A.,Sunil Kumar Upadhyay Hon'ble Pankaj Bhatia,J.
Heard Shri K.M. Tripathi and Shri Rajesh Kumar Mishra, learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This appeal has been preferred under Section 14 (A) (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, against the impugned order dated 13.1.2021 passed by learned Special Judge (SC/ST Act) Rampur, in Bail Application No. 04 of 2021 (Bhagirath Vs. State of U.P.), arising out of Case Crime No. 258 of 2020, under Section 302/34 IPC and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Milakh, District Rampur, whereby the bail application of the appellant has been rejected vide impugned order dated 13.1.2021.
The submission of the counsel for the appellant is that even in the FIR in question, it has already been stated that the main accused Vijay Pandit committed the offence and while running he boarded the motorcycle of the appellant and ran away. Subsequently in the statement of the appellant, the name of one Lal Bahadur surfaced. The appellant applied for bail, however, the same has been rejected. The appellant is in custody since 24.7.2020. It is further informed that Lal Bahadur, the co-accused, has been enlarged on bail by this Court in the same case crime number vide order dated 25.3.2021 passed in Criminal Appeal No. 2891 of 2020 and his appeal has been allowed.
Learned A.G.A. has opposed the bail prayer of the appellant.
I have perused the FIR and considering the allegations levelled in the FIR as against the appellant, coupled with the fact that the co-accused Lal Bahadur has been enlarged on bail and there is nothing on record to demonstrate that the appellant if enlarged on bail, would in any way adversely affect the trial, the appellant is entitled to be enlarged on bail.
Let appellant- Bhagirath be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
1. The appellant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The order dated 13.1.2021 is set aside. The appeal is allowed.
Order Date :- 17.6.2021 S. Rahman