Court No. - 64
Case :- CRIMINAL APPEAL No. - 5278 of 2021 Appellant :- Akhilesh And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Sant Ram Sharma Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Sant Ram Sharma, learned counsel for the appellants; Shri Janardhan Prakash, learned AGA for the State and Shri Anand Pati Tiwari, learned counsel for the informant.
2. This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellants with the prayer to set aside the order dated 7.10.2021, passed by Special Judge (S.C./S.T. Act)/Additional Sessions Judge, Banda, in Case Crime No. 56 of 2021, under Sections - 323, 308, 504, 506 I.P.C. read with Section 3(2)VA S.C./S.T. Act, Police Station - Badausa, District - Banda.
3. At the outset, learned counsel for the appellants states, in exact similar allegations, co-accused Kunnu Yadav has already been enlarged on bail by this Court in Criminal Appeal No. 4948 of 2021 vide order dated 10.12.2021. Also, it has been submitted, the appellants have no criminal history.
4. Accordingly, this appeal is allowed and the impugned order dated 7.10.2021 rejecting the bail of the appellant is set aside.
5. Let the accused-appellants, namely, Akhilesh, Awadhesh and Dev Saran alias Phulwa Yadav involved in the aforesaid crime be released on bail on their furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellants shall cooperate in the trial and will not jump the bail.
Order Date :- 17.12.2021 Prakhar