Suneel Kumar vs. State Of U.P.

Court No. - 66

Case :- CRIMINAL APPEAL No. - 2259 of 2021

Appellant :- Suneel Kumar Respondent :- State of U.P. Counsel for Appellant :- Jitendra Singh Counsel for Respondent :- G.A.

Hon'ble Ram Krishna Gautam,J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

By means of this application, the accusedappellant, Suneel Kumar, who is said to be involved in Case Crime No. 477 of 2020, under Sections 323, 324, 308 and 504 of Indian Penal Code, read with Sections 3(1)(D), 3(1)(DH), 3(2)5A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station-Bindki, District- Fatehpur, is seeking enlargement on bail.

Learned counsel for accused-appellant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in Jail since 4.4.2021; his bail application, preferred before the court of Special Judge (SC/ST Act), Fatehpur, was rejected, against which order, present Criminal Appeal, under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been filed; for the same occurrence, Case Crime No.476 of 2020 was also got registered against the informant by the applicantappellant's side. Hence, it is a cross case version; applicant's side too have sustained injuries for treatment of which, injured were admitted in the hospital for about ten days; it was a case of roadside accident, resulting in quarrel in between the parties and assault was made by both sides to each other of which an instant report as Case Crime No.476 of 2020 was got registered at Police Station-Bindki, District Fatehpur by the side of the applicant; subsequent to which present Case Crime No.477 of 2020, under Sections 323, 324, 308 and 504 of Indian Penal Code, read with Sections 3(1)(D), 3(1)(DH), 3(2)5A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was got registered, wherein, applicant-appellant is in Jail since long; accused-appellant is of no criminal antecedent; there is no likelihood of fleeing from course of justice or tampering with evidence in case of release on bail; Hence, bail has been prayed for.

Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute this fact that it is a cross case version and Case Crime No.476 of 2020 for the same occurrence was got registered upon the instance of the applicant-appellant's side.

Having heard learned counsel for both sides and gone through materials on record, it is apparent that a previous report was already got lodged for the same occurrence from the side of present applicant-appellant's side against the informant's side and for the same occurrence this Case Crime No. 477 of 2020 is also there. Which side is aggressor is a question of fact to be seen during trial.

Considering all above facts and circumstance, injuries to both sides, cross case, nature of injuries, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without expressing any opinion on merit of the case, a case for grant of bail is made out.

Accordingly, this bail application is allowed.

Let the applicant, Suneel Kumar, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned

5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

6. The computer generated copy of such order shall be self attested by counsel of the party concerned.

7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Order Date :- 7.7.2021 bgs/