The court has the discretion to grant bail to an accused person, considering the facts and circumstances of the case, nature of the offence, evidence appearing in the case, and other relevant factors.

Court No. - 93

Case :- CRIMINAL APPEAL No. - 1837 of 2022

Appellant :- Bhagat Singh

Respondent :- State of U.P. and Another

Counsel for Appellant :- Rajeev Kumar Sharma

Counsel for Respondent :- G.A.,Yatish Kumar Dwivedi

Hon'ble Surendra Singh-I,J.

Learned counsel for the appellant has filed copy of the bail

order relating to co-accused, namely, Paramraj, passed by co-

ordinate Bench of this Court, vide orders dated 17.10.2022

passed in Criminal Appeal No.2238 of 2022. is taken on record.

Shri Keshari Nandan Singh, Advocate has filed Vakalatnama on

behalf of the appellant, is taken on record.

Heard learned counsel for the appellant, Shri Yatish Kumar

Dwivedi, learned counsel for the respondent No.2, learned

A.G.A. appearing on behalf of the State and perused the

material available on record.

The present criminal appeal under Section 14-A(2) of the

Scheduled Caste and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 has been filed against the order dated

22.12.2021 passed by the Special Judge (SC/ST) Act,

Hamirpur, whereby the learned Judge has rejected the

appellant's Bail Application No.1592 of 2021 arising out of

Case Crime No.294 of 2021, under Sections 307, 323, 504, 506,

427, 286 IPC & Section 3(1) (da) (dha) and Section 3(2)(V) of

SC/ST Act, police station Jariya, District- Hamirpur.

Learned counsel for the appellant has submitted that appellant

is innocent and has been falsely implicated in the present case

due to village politics. It has also been submitted that he is not

named in the FIR and not arrested on the spot. It is next

submitted that no incriminating article has been recovered from

his possession. It is further submitted that he has been made

accused on the basis of confessional statement of co-accused

Veerpal @ Banta made before the police. It is also submitted

that in firing on the police party, no injury was caused to the

police personnel. Appellant-accused has explained 19 cases of

criminal history in paragraph 25 of the affidavit registered by

the police against him. It is in the last submitted that the

appellant is in jail since 11.12.2021 and in case he is released

on bail he will not misuse the liberty of bail.

Per contra, learned A.G.A. for the State opposed the prayer for

bail of the appellant, but could not dispute the aforesaid factum

of the case as argued by the learned counsel for the appellant.

Considering the arguments advanced on behalf of the parties,

facts and circumstances of the case, nature of the offence,

evidence appearing in the case, no injury received by the police

party, the fact that co-accused Paramraj has already been

enlarged on bail, the fact that the appellant is in jail since

11.12.2021, but without expressing any opinion on the merits of

the case, this Court is of the opinion that the appellant has made

out a case for bail.

Accordingly, the appeal is hereby allowed. The impugned order

dated 22.12.2021 rejecting the bail application of the appellant

is hereby set aside.

Let the appellant Bhagat Singh be released on bail in the

aforesaid case crime number on furnishing a personal bond and

two sureties each in the like amount to the satisfaction of the

court concerned with the following conditions:-

(i) That the appellant shall cooperate in the expeditious disposal

of the trial and shall regularly attend the court unless inevitable.

(ii) That the appellant shall not directly or indirectly make any

inducement, threat or promise to any person acquainted with the

facts of the case so as to dissuade him from disclosing such

facts to the court or to any police officer or tamper with the

evidence.

(iii) That after his release, the appellant shall not involve in any

criminal activity.

(iv) The identity, status and residential proof of sureties will be

verified by court concerned before the release of the appellant

on bail.

It is made clear that in case of breach of any of the conditions

mentioned above, c