Vinay Kumar @ Golu Mafia v. State of U.P. and Another

Court No. - 85 Case :- CRIMINAL APPEAL No. - 9098 of 2023 Appellant :- Vinay Kumar @ Golu Mafia Respondent :- State of U.P. and Another Counsel for Appellant :- Arvind Prabodh Dubey,Naushad Alam Counsel for Respondent :- G.A.,Devi Prasad Tripathi,Manish Kumar Pandey Hon'ble Mayank Kumar Jain,J. List revised. Heard learned counsel for the appellant, learned Additional Government Advocate for the State of U.P. and perused the record. This criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 03.07.2023 passed by Court of Special Judge (SC/ST) (P.A.) Act, Moradabad in bail application No. 2427 of 2023 (Vinay Kumar @ Golu Mafia Vs. State of U.P.) in Session Trial No. 125 of 2023, arising out of Case Crime No. 529 of 2022, under Sections 302, 504, 506, 34, 115 IPC & Section 3(1)(R), 3(1)(S), 3(2)5 SC/T Act, Police Station Thakurdwara, District Moradabad. As per prosecution version on 27.11.2022 at around 11:30 am, on the basis of pre-existing enmity with the informant the appellant alongwith other named accused took away the son of the informant namely Vishal with them. Feeling something untoward, the wife and the brother of the informant also followed them. All the accused including appellant used caste derogatory words and co-accused Bilal fired with country made pistol upon Vishal who sustained two fire arm injuries. The accused also threatened to the family members of the informant. Learned counsel for the appellant argued that the appellant is innocent and he has been falsely implicated in this case. The pre-existing enmity is admitted itself in the first information report and specific role of firing has been assigned to co-accused Bilal. Post mortem also discloses two fire arm injury on the person of the deceased Vishal. The appellant does not have any criminal history to his credit. Lastly, it is submitted by learned counsel for the appellant that there is no chance of the appellant fleeing away from the judicial process or tampering with the prosecution evidence. The appellant is languishing in jail since 29.11.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid factual aspects of the matter. Having regard to the facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, this Court is of the view that the appellants have made out a case for bail. The Court below erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellants is set-aside. Let the appellant, namely, Vinay Kumar @ Golu Mafia involved in the above Case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The appellants will not tamper with the evidence during the trial.

(ii) The appellants will not pressurize/intimidate the prosecution witness.

(iii) The appellants will appear before the trial court on the date fixed, unless personal presence is exempted.

(iv) The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

(v) The appellants 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. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 17.10.2023 Arti High Court of Judicature at Allahabad