Court No. - 50

Case :- CRIMINAL APPEAL No. - 2197 of 2021

Appellant :- Sohil

Respondent :- State of U.P. and Another

Counsel for Appellant :- Namit Kumar Sharma,Ajeet Kumar Chaurasiya

Counsel for Respondent :- G.A.,Ram Bhawan

Hon'ble Arvind Kumar Mishra-I,J.

Heard counsel for the appellant, learned AGA and perused the record.

The present appeal under Section 14-A (2) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act has been filed challenging

the order dated 28.5.2021 passed by the Special Judge, SC/ST Act,

Mathura in Bail Application No. 1657 of 2021 arising out of Case Crime

No.163 of 2021, under Sections 147, 302, 364, 120-B IPC and under

Section 3(2)(V) SC/ST (Prevention of Atrocities) Act, 1989 (Amendment

2015), Police Station- Highway, District Mathura whereby the bail

application has been rejected.

The contention of the counsel for the appellant is that even as per the FIR

allegations, the son of the informant- Rahul aged 20 years went missing on

13.9.2020 and a report with regard to missing person was lodged on

29.11.2020. Subsequently, the son of the informant Rahul was found dead

and on the basis of the theory of last scene, the appellant was arrested.

Counsel for the appellant argues that the appellant has been falsely

implicated on the basis of last scene theory. Under the similar set of facts

co- accused Suneel has already been admitted to bail by this Court on

1.9.2021 in Criminal Appeal No.2672 of 2021, copy whereof has been

produced by the appellant, the same is taken on record.

Considering the nature of the offence alleged against the appellant and his

proposed conviction on the basis of last scene theory alone coupled with

the fact that the appellant is in police custody since 22.5.2021, the

appellant is entitled to be enlarged on bail. Accordingly, the appeal is

allowed and the judgement and order dated 28.5.2021 passed in the

aforementioned bail application is set aside.

Let the appellant- Sohil involved in Case Crime No.163 of 2021, under

Sections 147, 302, 364, 120-B IPC and under Section 3(2)(V) SC/ST

(Prevention of Atrocities) Act, 10989 (Amendment 2015), Police Station-

Highway, District Mathura be released on bail on furnishing a personal

bond and two local sureties each of the like amount to the satisfaction of

the court concerned, subject to the following conditions:-

1. The appellant will attend and co-operate the trial proceedings pending

before the court concerned on the date fixed after release.

2. The appellant will not tamper with the witnesses.

3. The appellant will not indulge in any illegal activities during the bail

period.

4. The party shall file computer generated copy of such order downloaded

from the official website of High Court, Allahabad.

5. The concerned Court shall verify the authenticity of such computerized

copy of the order from the official website of High Court, Allahabad.

In case of breach of any of the above conditions, it shall be a ground for

cancellation of bail.

Order Date :- 13.9.2021

Raj

Digitally signed by Justice Arvind

Kumar Mishra

Date: 2021.09.15 14:12:38 IST

Reason: Document Owner

Location: High Court of Judicature at

Allahabad