Rajesh Vishwakarma vs State Of U.P.
2021 Latest Caselaw 6218 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL APPEAL No. - 1778 of 2021
 

 
Appellant :- Rajesh Vishwakarma
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Santosh Kumar Pandey,Pankaj
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Despite service of notice, none appears on behalf of the Opposite Party.

Heard Sri Pankaj Dwivedi, 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 against the order dated 19.3.2021 whereby the bail application filed by the appellant has been rejected.

Counsel for the appellant argues that the sole ground for rejection of the order was the pendency of the Case Crime No. 26 of 2020. He further argues that no notice under Section 41 CrPC was ever served and the appellant was not even aware of the said case and there is nothing on record to demonstrate that if the appellant is enlarged on bail, it would affect the trial adversely.

Considering the submissions made and the nature of the offence, and that the appellant is in custody since 11.3.2021, the appellant deserves to be released on bail.

The appeal is, accordingly, allowed and the impugned judgment and order dated 13.3.2021 passed in bail application is set aside. Let the appellant Rajesh Vishwakarma involved in Case Crime No. 22 of 2018, under Sections 323, 427, 504, 506 IPC and 3 (1) (dha) SC/ST Act, Police Station Shahganj, District Sonbhadra 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 :- 14.6.2021

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