Court No. - 64
Case :- CRIMINAL APPEAL No. - 1766 of 2021 Appellant :- Anil Gurjar @ Anil Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Satya Prakash Shukla Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Despite service of notice on respondent no.2, none has appeared on her behalf to oppose the appeal. Accordingly, the appeal is bring proceeded on merits.
2. Heard Sri Pradeep Kumar Tiwari, learned counsel for the appellant and Sri Ashwini 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 31.1.2020, passed by Special Judge (S.C./S.T. Act), Sonbhadra, in Case Crime No. 78 of 2019, under Sections - 147, 148, 149, 302, 307/34 I.P.C. and Section 3(2)(V) S.C./S.T. Act, 1989, Police Station - Ghorawal, District - Sonbhadra, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant states that the named co- accused persons Neeraj Rai and Dharmendra @ Munna have already been enlarged on bail by this Court in Criminal Appeal Nos. 2235 of 2021 and 4840 of 2021, vide orders dated 23.10.2021 and 25.11.2021 respectively. Further, it has been submitted, the present appellant was not named in the FIR. Also, it has been submitted, the appellant has no criminal history.
5. Accordingly, this appeal is allowed and the impugned order dated 31.1.2020 rejecting the bail of the appellant is set aside.
6. Let the accused-appellant, namely, Anil Gurjar @ Anil Singh involved in the aforesaid crime 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 :- 21.12.2021 Prakhar