Allahabad High Court
Ravi Singh Alias Ravi Pratap Singh vs State Of U.P. And Another on 6 March, 2020
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- CRIMINAL APPEAL No. - 158 of 2020 Appellant :- Ravi Singh Alias Ravi Pratap Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Kameshwar Singh Counsel for Respondent :- G.A.,Shyamal Narain Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the appellant, learned A.G.A. for the State, Sri Shyamal Narain, learned counsel for opposite party no. 2 and perused the record.
This criminal appeal has been filed by the learned counsel for the appellant under Section 14-A (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the impugned order dated 19.12.2019 passed by Special Judge, SC/ST Act, Mau in Case Crime No. 175 of 2019, under Sections 147, 148, 149, 302, 506, 120-B I.P.C. & Section 3(2)5 SC/ST Act and 7 Criminal Law Amendment Act, Police Station- Chiraiyakot, District Mau.
Learned counsel for the appellant submits that due to village party bandi, he has been falsely implicated in the present case. The incident took place at about 11.00 A.M. in the meeting of Gram Panchayat in presence of so many persons including prosecution and independent witnesses. He next submits that in the statement of eye witnesses mentioned in the FIR, namely, Ram Dular, Laxmi Devi and Shambhu Narayan, role of firing has been assigned only upon Rahul Singh. Not only this, statement of other independent witnesses were recorded and they have also assigned the role of firing upon Rahul Singh. He next submits that nothing has been recovered from the possession or on the pointing out of appellant. Further, as per postmortem report dated 09.09.2019, there are eight gun shot injuries of the same dimension fired by one weapon. The appellant is languishing in jail since 09.09.2019 and he has no criminal history except the present case to his credit.
On the other hand, learned AGA as well as Sri Shyamal Narain, learned counsel for opposite party no. 2 has opposed the prayer for bail, but could not dispute the said fact but submits that eight gun shot injury is not possible by one accused, therefore, appellant is also involved in the firing.
I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.
Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed.
Accordingly, the appeal is allowed and the impugned order dated 19.12.2019 rejecting the bail application of the appellant is set-aside.
Let the appellant Ravi Singh Alias Ravi Pratap Singh involved in Case Crime No. 175 of 2019, under Sections 147, 148, 149, 302, 506, 120-B I.P.C. & Section 3(2)5 SC/ST Act and 7 Criminal Law Amendment Act, Police Station- Chiraiyakot, District Mau be released on bail on furnishing a personal bond and two heavy 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.
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
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 :- 6.3.2020 Arvind