Court No. - 71
Case :- CRIMINAL APPEAL No. - 3935 of 2019 Appellant :- Ansu @ Vineet Respondent :- State Of U.P.
Counsel for Appellant :- Namit Srivastava Counsel for Respondent :- G.A.,Anshul Tiwari,Lav Srivastava
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant, learned A.G.A., for the State. Perused the record.
The Criminal Appeal has been filed under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 have been filed challenging the order dated 16.8.2018 passed by the learned Additional District and Sessions Judge/Special Judge-2, SC/ST Act, Kasganj in Bail Application No.1007 of 2018(Ansu @ Vineet Vs. State of U.P.), arising out of Case Crime No.412 of 2015, under Sections 307, 504, 506 IPC and Section 3(2) (V) of SC/ST Act, Police Station Patiyali, District Kasganj, seeking bail in the aforesaid sections.
Learned counsel for the appellant contended that he has been falsely implicated in the present case due to village party bandi. He further submitted that the present appellant was not named in the FIR and his name has surfaced after 15 months of the incident in the statement of the Ravindra. He further submitted that the main accused Ramu @ Shailendra and Gaurav Mishra, who are alleged to have fired on the victim has already been enlarged on bail vide order dated 12.3.2019 passed by another bench of this Court in Criminal Appeal No.823 of 2019. Lastly he submitted that the appellant is languishing in jail since 19.7.2018 and in case he is released on bail, he will not misuse the liberty of bail and he will cooperate in trial.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the period of detention in jail, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant Ansu @ Vineet be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 29.5.2019 Mini