Court No. - 64
Case :- CRIMINAL APPEAL No. - 5209 of 2021 Appellant :- Smt. Afreen Khatoon Respondent :- State of U.P. and Another Counsel for Appellant :- Kamlesh Singh Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Despite service of notice on respondent no. 2, none has appeared on his behalf to oppose the appeal. Accordingly, the appeal has been proceeded on merits.
2. Heard Sri Kamlesh Singh, learned counsel for the appellant; Sri Ashwani Prakash Tripathi, learned AGA for the State and perused the material placed on record.
3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 29.9.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Deoria, in Case Crime No. 129 of 2021 under Section 363, 120B I.P.C. and Section 3(2)5 S.C./S.T. (Prevention of Atrocities) Act, Police Station - Rampur Karkhana, District - Deoria, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant states, the co- accused Naushad (son of the appellant) against whom main allegations have been made has already been enlarged on bail by the learned court below vide order dated 16.11.2021. It is then submitted that wholly improbable allegations have been made against the appellant who has no criminal history.
5. Accordingly, this appeal is allowed and the impugned order dated 29.9.2021, rejecting the bail of the appellant is set aside.
6. Let the accused-appellant, namely, Smt. Afreen Khatoon, involved in the aforesaid crime be released on bail on her furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellant shall cooperate in the trial and will not jump the bail.
Order Date :- 22.12.2021 Faraz