Court No. - 64
Case :- CRIMINAL APPEAL No. - 3888 of 2021 Appellant :- Ajay Mishra Respondent :- State of U.P. and Another Counsel for Appellant :- Ashwani Kumar Pathak Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ashwani Kumar Pathak, learned counsel for the appellant; Sri Ashwini Prakash Tripathi, learned AGA for the State and; Sri Arvind Kumar, learned counsel for the respondent no.2.
2. 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 09.09.2021, passed by learned Special Judge (S.C./S.T. Act)/Additional Session Judge, Gorakhpur, in Case Crime No. 291 of 2021, under Sections - 302, 307, 506, 120B I.P.C. and Section 3(2)(5) S.C./S.T. Act, Police Station - Gola, District - Gorakhpur, whereby bail application of the appellant has been rejected.
3. In similar facts, by a separate order passed today in Criminal Appeal No. 3349 of 2021, that appeal has been allowed. In view of similarity of facts, present appeal is also allowed on the same terms and conditions. Accordingly, the impugned order dated 09.09.2021, rejecting the bail of the appellant is set aside.
4. Let the accused-appellant, namely, Ajay Mishra, involved in the aforesaid crime be released on bail on his furnishing personal bonds and two heavy sureties of Rs. 5,00,000/- 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 :- 17.12.2021 Prakhar