Court No. - 50
Case :- CRIMINAL APPEAL No. - 1882 of 2021 Appellant :- Akshay Respondent :- State Of U.P. And Another Counsel for Appellant :- Maruti Kumar Tripathi,Bhupendra Kumar Pandey,Juned Alam,Narendra Nath Tripathi Counsel for Respondent :- G.A.,Dinesh Kumar Singh,Rakesh Kumar Gupta
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal appeal under Section 14-A(2) of S.C./S.T. (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 11.01.2021 passed by Additional Session Judge/Special Judge, SC/ ST (P.A. Act), Kushinagar at Padrauna in Case Crime No.- 228 of 2020 under Sections 147, 323, 304, 34 I.P.C. and Section - 3(2)5 SC/ST Act, Police Station- Khadda, District- Kushinagar.
Contention, in brief, is that similarly circumstanced, co- accused - Vashisth has already been admitted to bail by this Court in Criminal Appeal No. 656 of 2021, vide order dated 24.8.2021. Copy of bail order has been produced by learned counsel for the appellant, the same is taken on record. In case, the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history is languishing in jail since 30.10.2020.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant-applicant has been rejected, impugned herein this appeal.
Nothing convincing has been argued on behalf of the complainant/ State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 11.01.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant - Akshay involved in the aforesaid case crime number for the aforesaid offences be released on bail on his 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 :- 28.10.2021 S Rawat