Court No. - 64
Case :- CRIMINAL APPEAL No. - 4960 of 2021 Appellant :- Ashok Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Respondent :- G.A.,Rajeev Kumar Singh Parmar
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit has been filed today. Taken on record.
2. Heard Shri Radhey Shyam Shukla, learned counsel for the appellant; Shri Ankit Srivastava, learned AGA for the State and; Shri Rajeev Kumar Singh Parmar, learned counsel for respondent no.2.
3. This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 23.9.2021, passed by Special Judge, S.C./S.T. (P.A.) Act, Shahjahanpur, in Bail Application No. 2374 of 2021, arising out of Case Crime No. 488 of 2021, under Sections - 147, 148, 149, 452, 323, 308, 304, 504, 506, 352, 427 I.P.C. and Section - 3(2)(5) SC/ST (Prevention of Atrocities) Act, Police Station - Kanth, District - Shahjahanpur, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant states, in exact similar allegations, co- accused Roopram; Mukesh Kumar; Umesh Kumar and; Vimal Kumar have already been enlarged on bail by this Court in Criminal Appeal Nos. 4515 of 2021; 4450 of 2021; 4489 of 2021 and; 4486 of 2021, vide orders dated 13.12.2021 and last three orders dated 9.12.2021 respectively. Also, it has been submitted, criminal history of two cases have been explained.
5. Accordingly, this appeal is allowed and the impugned order dated 23.9.2021 rejecting the bail of the appellant is set aside.
6. Let the accused-appellant, namely, Ashok Kumar 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