Allahabad High Court
Kapil Pandey vs State Of U.P. And Another on 16 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:238623
Court No. - 85
Case :- CRIMINAL APPEAL No. - 8672 of 2023
Appellant :- Kapil Pandey
Respondent :- State of U.P. and Another
Counsel for Appellant :- Rahul Saxena,Ambuj Pandey,Nitin Sharma
Counsel for Respondent :- G.A.,Suresh Singh
Hon'ble Mayank Kumar Jain,J.
1. Heard learned counsel for the appellant, learned counsel for the informant, learned AGA for opposite party no.1 and perused the material placed on record.
2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the impugned judgment and order dated 11.07.2023 passed by In-charge Special Judge SC/ST Act, Pilibhit in Second Bail Application No. 1614 of 2023 (Kapil Pandey Vs. State of U.P) arising out of Case Crime No. 411 of 2021, under Sections 452, 323, 504, 506, 307, 302 325/34 of IPC, and under Section 3(2)(5) of SC/ST Act, Police Station Pooranpur, District Pilibhit.
3. There is allegation in the FIR that the informant was pulled out of his house on 13.05.2022 by the appellant and three unknown persons was beaten and abused by caste related words and Case Crime No. 285 of 2021 was lodged. On account of village enmity, the appellant and co-accused persons, Prem Shankar Pandey, Sukh Lal and four unknown persons armed with lathi-danda and illegal arms entered into the house today i.e., on 02.07.2021 at 06:50 p.m and started abusing him general and by caste related words. They threatened him and his family members for life. The appellant caused firing which hit from behind the head of his bhabhi, Sheela Devi and second bullet hit his wife, Nirmala Devi, which hit on her finger of right hand. The condition of his bhabhi was serious and she was referred to district hospital from C.H.C. Subsequently, his bhabhi died.
4. Learned counsel for appellant has submitted that the appellant is innocent and has been falsely implicated in this case. It is submitted that in this case charge sheet has been filed on 20.11.2021 and staement of informant has been recorded and 20 witnesses are nominated in the charge sheet. It is also submitted that there are material contradictions in the statement of the informant recorded during trial. Injured Premawati did not sustain any injury. Criminal history of the appellant is explained in paragraph-36 of the affidavit. The appellant is languishing in jail since 03.07.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
5. Per contra, learned A.G.A. assisted by learned counsel for the informant vehemently opposed the prayer for bail and submitted that four prosecution witnesses have been recorded. The appellant has criminal history under Section 302 and 307 of I.P.C. relating to case crime no. 547 of 2018. It is also submitted that injured has attributed specific role to the present appellant. In this incident Sheela Devi (bhabhi of the informant) was shot dead inside the house by the appellant and three other persons also sustained injuries.
6. Having regard to the facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the active participation of the appellant in the commission of crime, I do not find it fit case for bail.
7. Since the trial court has passed the impugned order after appreciating the evidence available on record, there is no occasion to interfere with the finding of fact recorded by the trial court, hence, the present criminal appeal lacks merit and deserves to be dismissed.
8. Accordingly, the criminal appeal is dismissed.
9. However, the trial court is directed to expedite the trial and make every endeavour to conclude the same expeditiously, preferably within 8 months from the date of receipt of certified copy of this order, without granting any unnecessary adjournment to either of the parties subject to full co-operation by the appellant, if there is no legal impediment.
Order Date :- 16.12.2023
PS
