Smt. Anita @ Soniya vs State Of U.P. And Another
2021 Latest Caselaw 6095 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL APPEAL No. - 2072 of 2021
 

 
Appellant :- Smt. Anita @ Soniya
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Namit Kumar Sharma,Ajeet Kumar Chaurasiya
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Despite service of notice, no one appears on behalf of the Opposite Party No. 2.

Heard counsel for the appellant, learned AGA 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 challenging the order dated 13.5.2021 passed by the Special Judge, SC/ST Act, Mathura in Bail Application No. 1493 of 2021, whereby the bail application has been rejected.

The contention of the counsel for the appellant is that even as per the FIR allegations, the son of the informant Rahul aged 20 years went missing on 13.9.2020 and a report with regard to missing person was lodged on 29.11.2020. Subsequently, the son of the informant Rahul was found dead and on the basis of the theory of last scene, the appellant was arrested.

Counsel for the appellant argues that the appellant has been falsely implicated on the basis of last scene theory and the appellant has no criminal antecedents, which fact has not been denied by the learned AGA.

Considering the nature of the offence alleged against the appellant and his proposed conviction on the basis of last scene theory alone coupled with the fact that the appellant has no criminal antecedents and is in police custody since 17.4.2021, the appellant is entitled to be enlarged on bail. Accordingly, the appeal is allowed and the judgment and order dated 30.5.2021 passed in the aforementioned bail application is set aside. Let the appellant Smt. Anita @ Soniya involved in Case Crime No. 163 of 2021, under Sections 147, 302, 364, 120B IPC and 3 (2)5 SC/ST Act, Police Station Highway, District Mathura be released on bail on 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 :- 9.6.2021

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