Allahabad High Court
Sunil Kumar Yadav vs State Of U.P. And Another on 17 June, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL APPEAL No. - 3518 of 2020
Appellant :- Sunil Kumar Yadav
Respondent :- State of U.P. and Another
Counsel for Appellant :- Sandeep Kumar,Pavan Kishore
Counsel for Respondent :- G.A.,Abhishek Tandon,Manu Srivastava
Hon'ble Pankaj Bhatia,J.
Heard Sri Rajeev Lochan Shukla, learned counsel appearing on behalf of the appellant and Sri Manu Srivastava, learned counsel appearing on behalf of respondent no.2 as well as learned A.G.A. for the State.
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 08.10.2020 passed by Special Judge, S.C. & S.T. Act, Allahabad whereby the Bail Application No.3852 of 2020 filed by the appellant has been rejected.
Learned counsel for the appellant argues that an F.I.R. in question was lodged on 15.09.2020 alleging that a dispute with regard to sale deed having got forcibly executed is pending. On 14.09.2020 the appellant along with accomplice came in the house of informant and by use of force committed offence as indicated in the first information report. The appellant applied for grant of bail before Special Judge which was rejected vide order dated 08.10.2020.
Counsel for the appellant has drawn my attention to the statement of the husband of the informant which is said to be variance with the allegations made in the F.I.R.
Learned counsel for the respondent no.2 stated that the said statement is incorrect.
Considering the nature of offence alleged against the appellant and the punishment prescribed as well as the fact that the appellant is in custody since 16.09.2020 and keeping in view the history of cases against the appellant as disclosed in the rejoinder affidavit, the appeal deserves to be allowed.
The appeal is, accordingly, allowed and the impugned judgment and order dated 08.10.2020 passed in Criminal Misc. Bail Application No.3852 of 2020 is set aside.
Let the appellant Sunil Kumar Yadav involved in Case Crime No. 550 of 2020, under Sections 147, 148, 452, 323, 504, 506 and 354B I.P.C. and 3(2) (Va) SC/ST Act, Police Station Jhunsi, District Prayagraj (Allahabad) 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 :- 17.6.2021
Asha
