Allahabad High Court
Ashish vs State Of U.P. Thru. Prin. Secy. ... on 28 February, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL APPEAL No. - 1956 of 2022
Appellant :- Ashish
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And 3 Others
Counsel for Appellant :- Bhupendra Veer Singh,Shrayansh Verma,Uma Kant
Counsel for Respondent :- G.A.,Ajay Kumar,Ashok Kumar Mishra
Hon'ble Shree Prakash Singh,J.
Counter Affidavit filed today by the State, is taken on record.
Notice has been issued on 23.08.2022 to opposite party No. 2 and the same has been served.
Case called out. None is present on behalf of the opposite party no.2.
In the aforesaid circumstances the Court is proceeding in the instant matter.
Heard learned counsel for the appellant, learned counsel for the State and perused the record.
The instant appeal has been filed with a prayer to allow and the judgment and order dated 19.07.2022, passed by Learned Additional Sessions Judge (Second)/Special Judge, SC/ST Act, lakhimpur Kheri, in bail application no. 162 of 2022, Akash @ Lallu and another Vs State of U.P., arising out of case crime no. 141 of 2020, under section 323, 504, 325, 427, IPC & 3(1)(dha) SC/ST Act, registered at Police Station-Ishanagar, District- Lakhimpur Kheri, be quashed.
Learned counsel for the appellant, submits that he is innocent and has falsely been implicated in the instant matter. He next added that the general role have been assigned to all the accused persons including the present appellant for beating the injured persons and the injuries to all the injured persons are on non vital part and the weapon has been assigned 'Lathi & Danda'. He next added that in fact no such incident has ever taken place and the present appellant has been planted in the FIR due to enmity and the injured persons did not specify the role of the present appellant. Adding his argument, he submits that there is no previous criminal antecedents of the appellant and he is languishing in jail since 19.07.2020. He submits that the appellant undertakes that he will not misuse the liberty of bail an would cooperate with the trial proceedings.
On the other hand, the counsel for the State has vehemently opposed the contention aforesaid and submits that the appellant is named in the FIR an there are allegations against the appellant that he has committed the offences and as such he is not entitle for any relief.
Having heard learned counsel for the parties and after perusal of material on record, it is evident that the general role have been assigned to all the accused persons including the present appellant for beating the injured and thus, the appellant has been assigned specific role. This court also noted the fact that injuries are on non vital part and the appellant is in jail since 19.07.2022 and there is no previous criminal antecedents of the appellant. Further there is no possibility of conclusion of trial in near future.
Resultantly, in the above facts and circumstances of the case and the arguments advanced on behalf of both the side and the facts that the trial of the case is not likely to be concluded in near future, hence the appeal has substance and it is accordingly allowed and the order dated 19.07.2022, passed by Learned Additional Sessions Judge (Second)/Special Judge, SC/ST Act, lakhimpur Kheri, in bail application no. 162 of 2022, Akash @ Lallu and another Vs State of U.P., arising out of case crime no. 141 of 2020, under section 323, 504, 325, 427, IPC & 3(1)(dha) SC/ST Act, registered at Police Station-Ishanagar, District- Lakhimpur Kheri, are hereby set aside.
Let the applicant-appellant, Ashish involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
1. The applicant-appellant will not tamper with the evidence.
2. The applicant-appellant will not indulge in any criminal activity.
3. The applicant-appellant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant-appellant will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned
The submissions and discussions made above would have no bearing on the merit of the pending trial.
Order Date :- 28.2.2023
Mayank
