PUSHPENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Additional Government Advocate for the State and perused the record.

(2.) This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 15.01.2021 passed by Special Judge, SC/ST Act (Prevention of Atrocities) Act, 1989/Additional District Judge, Lalitpur in Case Crime No.927 of 2020, under Sections 323, 325, 504, 506 IPC and 3(1) Da, Dha SC/ST Act (Prevention of Atrocities Act) 1989, P.S. Kotwali Lalitpur, District Lalitpur.

(3.) Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case and he has not committed any offence. The story of the prosecution has been said to be false and baseless. It has also been stressed upon that the no injury has been found on the vital part of the body of the injured. He further submits that because of the specific reasons as described in the FIR reported by the informant the case is not made out under the relevant provisions of SC/ST Act and in so far as the other aspects of this case are concerned, there are two persons involved in the offence and there is no specification as to who infact cause what particular injury and the case is very much confined to under Sections 323, 325, 504 and 506 IPC only. The appellant has no criminal history. He further submits that in case, he is admitted to bail, there is no possibility of his absconding and misusing the liberty of bail. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The appellant is languishing in jail since 03.01.2021.