Court No. - 53
Case :- CRIMINAL APPEAL No. - 6193 of 2018 Appellant :- Baba Akhtari Respondent :- State Of U.P. And Another Counsel for Appellant :- Mahendra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the appellant and learned A.G.A. for the State of U.P. in opposition.
This criminal appeal under Section 14A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed on behalf of the appellant challenging the order dated 24.9.2018 passed by Special Judge POCSO Act/Additional Sessions Judge-8, Kanpur Nagar in Case Crime No. 744 of 2017, under Section 354A of the Indian Penal Code, 1860 and Section 7/8 Protection of Children from Sexual Offences Act and Section 3(1) (11) of S.C./S.T. Act, Police Station - Kalyanpur, District - Kanpur Nagar, seeking bail in the aforesaid sections.
Learned counsel for the appellant contended that the appellant is innocent and he has been falsely implicated in the present case. The appellant is in jail since 12.7.2017.
Per contra learned A.G.A. has opposed the prayer for bail and submitted that there is no infirmity or illegality in the order passed by the learned trial court.
Without expressing any opinion on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to be allowed.
Accordingly, the appeal is allowed and the aforementioned impugned order is hereby set aside.
Let the appellant Baba Akhtari be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties in the like amount to the satisfaction of the court concerned.
Order Date :- 30.1.2019 Manish Tripathi