Court No. - 64
Case :- CRIMINAL APPEAL No. - 3993 of 2021 Appellant :- Avid Respondent :- State of U.P. and Another Counsel for Appellant :- Mahendra Kumar Yadav,Shiv Bhushan Singh Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Notice of the hearing was served on learned counsel for the respondent no.2. None appears on her behalf.
2. Heard learned counsel for the appellant and learned AGA for the State.
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 20.4.2021 passed by Special Judge, S.C./S.T. (P.A.) Act, Etah, in Case Crime No.- 702 of 2018, under Sections - 394, 504, 325, 411 I.P.C. and Section 3(2)5 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station- Kotwali Nagar, District- Etah 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 Shani Thakur (who is named in the FIR) has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 48824 of 2018 vide order dated 22.5.2020. Also, it has been submitted, criminal history of the appellant has been explained.
5. Accordingly, this appeal is allowed and the impugned order dated 20.4.2021 rejecting the bail of the appellant is set aside.
6. Let the accused-appellant, namely, Avid 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.
7. It is made clear that, in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 24.12.2021/Prakhar