Court No. - 64
Case :- CRIMINAL APPEAL No. - 6018 of 2021 Appellant :- Balle Alias Balveer Respondent :- State Of U.P Thru Secretary Home Lknw. And Another Counsel for Appellant :- Vivek Sharma Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Though service report is awaited, upon query made, learned AGA states, written instructions has been received, amongst other, as to service effected on respondent no.2 on 4.12.2021, of the present bail application. None has appeared on her behalf. Accordingly the matter has been proceeded on merits.
2. Heard Sri Vivek Sharma, learned counsel for the appellant and Sri Ankit Srivastava, 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 22.11.2021, passed by Special Judge S.C./S.T. Act, Amroha, in Case Crime No. 230 of 2017, under Sections - 354B, 376, 506, 511 I.P.C. and Section 3(1)Da S.C./S.T. Act, Police Station - Hasanpur, District - Amroha, whereby bail application of the appellant has been rejected.
4. As to the delay in approaching the Court, it has been submitted, earlier the applellant had been granted interim protection in Criminal Appeal Defective No. 623 of 2019.
5. At the outset, learned counsel for the appellant states, in exact similar allegations, co- accused Dharmveer and Momveer have already been enlarged on bail by this Court in Criminal Appeal No. 2512 of 2019 vide order dated 15.5.2019. Also, it has been submitted, the appellant has no criminal history.
6. Accordingly, for the same reasons this appeal is allowed and the impugned order dated 22.11.2021 rejecting the bail of the appellant is set aside.
7. Let the accused-appellants, namely, Balle Alias Balveer involved in the aforesaid crime be released on bail on their 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 :- 23.12.2021 Prakhar Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.12.24 10:42:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad