Rohit vs State Of U.P.And Another
2021 Latest Caselaw 6072 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 
Case :- CRIMINAL APPEAL No. - 1337 of 2021
 
Appellant :- Rohit
 
Respondent :- State Of U.P.And Another
 
Counsel for Appellant :- Pankaj Kumar Tyagi
 
Counsel for Respondent :- G.A.,Seema Singh
 

 
Hon'ble Pankaj Bhatia,J. 

Heard counsel for the parties and perused the record.

The present appeal under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed against the order dated 19.2.2021 whereby the bail application filed by the appellant has been rejected.

I have perused the FIR, which is a cross FIR.

Counsel for the appellant argues that a NCR was registered by the side of the appellant against the Opposite Party No. 2 and a report was filed by the Opposite Party No. 2 against the appellant which resulted in filing of the FIR.

Counsel for the appellant has drawn my attention to the nature of the injuries as well as statement of the doctor, which is on record, to demonstrate that nature of the injuries are not grievous in nature. He further argues that the appellant has no criminal antecedent, which fact has not been disputed by the counsel for the Opposite Party No. 2.

Considering the submissions made and on perusal of the statement of the doctor concerned, coupled with the fact that the appellant is in custody since 14.1.2021 and there is nothing on record to demonstrate that if the appellant is enlarged on bail, it would affect the trial adversely.

The appeal is, accordingly, allowed and the impugned judgment and order dated 19.2.2021 passed in Criminal Misc. Bail Application No. 1065 of 2021 is set aside. Let the appellant Rohit involved in Case Crime No. 34 of 2021, under Sections 308, 323 IPC and 3 (2)5 SC/ST Act, Police Station Vijay Nagar, District Ghaziabad be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

1. The appellant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

2. The appellant will not tamper with the witnesses.

3. The appellant 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.

Order Date :- 8.6.2021/vinay