Allahabad High Court
Bheem Singh vs State Of U.P. And Another on 15 June, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL APPEAL No. - 160 of 2021
Appellant :- Bheem Singh
Respondent :- State Of U.P. And Another
Counsel for Appellant :- Malik Juned Ahmad
Counsel for Respondent :- G.A.,Abhishek Gupta
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 10.11.2020 whereby the bail application filed by the appellant has been rejected.
Counsel for the appellant argues that the FIR in question was lodged after about five years of the alleged incident, as such, there is delay and no plausible explanation has been given for the inordinate delay. Initially, in the FIR, it was alleged that the victim was married to the appellant and thus, the FIR was lodged under Section 498A, 304B and 506 IPC read with Section 3/4 Dowry Prohibition Act. During the course of the investigation, it came on record that there is no evidence of marriage in between the appellant and the alleged victim, as such, chargesheet was submitted against the appellant under Sections 302, 201, 506 IPC & 3 (2) (v) of the SC/ST Act.
Counsel for the appellant has drawn my attention to the statement of the informant which alleges that the FIR was lodged at the instance of neighbours. He further argues that the statement also alleges that the appellant has taken the alleged victim alone and murdered her, and has hidden her body somewhere. After the investigation, the chargesheet was filed, which records that there is no evidence and came to the conclusion that the appellant was married to the victim. On the basis of the statement so made by the informant, the chargesheet was filed under Sections 302, 201, 506 IPC & 3 (2) (v) of the SC/ST Act. He further argues that the appellant is in custody since 28.8.2020 and has no criminal antecedents, which fact has not be disputed by the counsel for the Opposite Party No. 2.
Counsel for the Opposite Party No. 2, on the other hand, argues that although there is no proof of marriage, they were living together, and the chargesheet was wrongly not filed under Sections 498A, 304B and 506 IPC read with Section 3/4 Dowry Prohibition Act, however, the police authorities filed the chargesheet under Sections 302, 201, 506 IPC & 3 (2) (v) of the SC/ST Act, as such, the appeal is liable to dismissed.
Considering the submissions made, the fact that the appellant is in custody since 28.8.2020 and on the basis of above evidence, as disclosed, and without recording any finding on the merits of the case including the fact that there is nothing on record to demonstrate that if the appellant is enlarged on bail, it would affect the trial adversely, the appeal deserves to be allowed.
The appeal is, accordingly, allowed and the impugned judgment and order dated 10.11.2020 passed in bail application is set aside. Let the appellant Bheem Singh involved in Case Crime No. 588 of 2020, under Sections 302, 201, 506 IPC & 3 (2) (v) of the SC/ST Act Police Station Phase 3, Gautambudh Nagar, District Gautambudh Nagar 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 :- 15.6.2021
vinay
