VICTORIYA SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) Sri Vineet Kumar Mishra and SriKrishna Kumar Singh for the appellants and Sri Anurag Singh Chauhan learned AGA for the State. None for the private respondent though served. The appeals are formally admitted for hearing. With the consent of parties, appeals are heard finally.

(2.) As these appeals arise out of common order dated 28.03.2019 passed by II Additional District and Sessions Judge/Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Hardoi in Bail Application Nos. 69 of 2019 and 76 of 2019, whereby the court below has rejected the said application as filed by the appellants for grant of bail, arising out of Crime No. 191/2000 under Sections 147, 148, 149, 504, 302 of I.P.C., and Section 3(2)(V) of SC/ST Act, Police Station Shahbad, District Hardoi, they are being disposed of finally by this common order. Brief facts of the case are that on 28.09.2000, FIR was lodged by one Randhi Singh alleging in it that about a month back on 28.08.2000 at about 11.00 p.m., when he and his mother were sleeping in the house, someone knocked the door and asked his mother about him and his brother Ram Lal. He states that he hide himself and in the torch light saw the appellants and other five accused persons. The accused persons started dragging her mother and after beating her by hand and fist, took her outside the house. He states that upon hearing cries of her mother, his brother Ram Lal, Mani Ram and some other villagers reached there carrying torch in their hands and all of them saw the entire incident. He further states that appellant Victoria is his relative and there is an old enmity between two families on account of Panchayat election. He further states that as threat was extended to entire family, the report could not be lodged immediately and on the second day, he had gone to the police station where instead of recording the report he was scolded by the police, the police obtained his thumb impression and had asked him to go away by saying that the report would be lodged. Based on this FIR, offence under Section 147, 148, 149, 504, 302 of I.P.C. read with Section 3(2)(V) of SC/ST Act was registered against as many as eight accused persons.

(3.) Counsel for the appellants submits: