IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No 215 of 2022 (Arising out of SLP (Crl) No 9612 of 2021)

Sachin Kumar @ Sri Sachin Appellant

Versus

Sharmendra Sharma and Another Respondent

O R D E R

• 1 Leave granted.
• 2 The appeal arises from an order of a learned Single Judge of the High Court of Judicature at Allahabad in Criminal Appeal No 3166 of 2021.
• 3 The criminal appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act 1989 was instituted in order to challenge an order dated 13 October 2020 of the Special Judge, Sambhal at Chandausi denying bail to the accused in Case Crime No 192 of 2020 under Sections 147, 148, 149, 302,

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504 and 120B read with Section 34 of the Indian Penal Code 1806 and Section 3(2)(v) of the SC/ST Act and Section 25/30 of the Arms Act. The High Court has granted bail to the first respondent by the impugned order.

4 The only reason which weighed with the High Court in allowing the appeal and granting bail is indicated in a solitary sentence which reads as follows:

"Nothing convincing has been argued on behalf of the complainant/State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant."

• 5 The judgment of the High Court is bereft of reasoning. The appeal has been dealt with in a wholly unsatisfactory manner, without adverting to the nature and gravity of the offence, the role attributed to the accused and other relevant facts.
• 6 In this backdrop, we allow the appeal and set aside the impugned order of the High Court dated 16 November 2021. Criminal Appeal No 3166 of 2021 is restored to the file of the High Court for disposal afresh.
• 7 Since the first respondent was released on bail pursuant to the impugned order of the High Court on 16 November 2021, we direct that for a period of two weeks, which shall end on 28 February 2022, the first respondent shall continue on interim bail. The ad – interim order in the above terms shall not

be construed as any expression of opinion by this Court on the merits. The High Court shall within this period dispose of Criminal Appeal No 3166 of 2021 after hearing all the parties.

• 8 The appeal is disposed of in the above terms.
• 9 Pending applications, if any, stand disposed of.

….....…...….......………………........J. [Dr Dhananjaya Y Chandrachud]

….....…...….......………………........J. [Surya Kant]

New Delhi; February 14, 2022 CKB

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ITEM NO.21 Court 4 (Video Conferencing) SECTION II

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No.9612/2021

(Arising out of impugned final judgment and order dated 16-11-2021 in CRLA No.3166/2021 passed by the High Court of Judicature at Allahabad)

SACHIN KUMAR @ SRI SACHIN Petitioner(s)

VERSUS

SHARMENDRA SHARMA & ANR. Respondent(s)

(With appln.(s) for FOR ADMISSION and I.R. and IA No.162041/2021- EXEMPTION FROM FILING O.T.)

Date : 14-02-2022 This petition was called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SURYA KANT

For Petitioner(s) Mr. Anupam Dwivedi, Adv. Mr. Pradeep Kumar Dwivedi, Adv. Mr. Sandeep Kumar Dwivedi, Adv. Ms. Renuka, Adv. Mr. Atul Khaneja, Adv. Mr. Parangat Pandey, Adv. Mr. Rakesh Mishra, AOR

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For Respondent(s) Mr. Daya Krishan Sharma, AOR Mr. Rohit Vats, Adv. Mr. Hemant Kumar, Adv. Mr. Shubham Rana, Adv. Mr. Vinod Diwakar, AAG Mr. Ajay Vikram Singh, AOR Mrs. Priyanka Singh, Adv. Mr. Chandra Shekhar, Adv.

UPON hearing the counsel the Court made the following O R D E R

• 1 Leave granted.
• 2 The appeal is disposed of in terms of the signed order.
• 3 Pending applications, if any, stand disposed of.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. COURT MASTER (Signed order is placed on the file)