Shayampal And Another vs State Of U.P.And Another
2021 Latest Caselaw 6182 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL APPEAL No. - 1750 of 2021
 

 
Appellant :- Shayampal And Another
 
Respondent :- State Of U.P.And Another
 
Counsel for Appellant :- Raghuvansh Misra
 
Counsel for Respondent :- G.A.
 

 
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 2.9.2020 whereby the bail application filed by the appellants has been rejected.

Counsel for the appellants argues that in the FIR, which is on record, allegations were levelled against as many as five persons and one of the said co-accused Hari Om has been enlarged on bail by means of an order dated 10.2.2021 passed in Criminal Appeal No. 3641 of 2020. He has further drawn my attention to the FIR where general role was assigned to the appellants including the co-accused Hari Om, who has been enlarged on bail. The Appellant No. 1 is in custody since 23.5.2020 and the Appellant No. 2 is in jail since 13.5.2020. As regards criminal antecedents, the counsel for the appellants has further drawn my attention to the specific averments made in the affidavit that there is only one case against the appellants in which final report has been filed. The said fact has been disclosed in Paragraph No. 30 of the affidavit.

Considering the fact that the co-accused Hari Om has been enlarged on bail and the role assigned to the appellant is similar to the said Hari Om, the appellants are also entitled to bail on the ground of parity. Furthermore, there is nothing on record that the appellants if enlarged on bail would in any way adversely affect the trial.

Considering the above facts and the ratio of the judgment of this Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, the appeal deserves to be allowed. Accordingly, the appeal is allowed and the judgment and order dated 2.9.2020 passed in the bail application No. 1889 of 2020 is set aside. Let the appellants Shayampal & Shailendra 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 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 appellants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

2. The appellants will not tamper with the witnesses.

3. The appellants 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 :- 11.6.2021

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