Court No. - 64 Case :- CRIMINAL APPEAL DEFECTIVE No. - 314 of 2021 Appellant :- Banwari Respondent :- State of U.P. and Another Counsel for Appellant :- Manish Joshi,Ashutosh Upadhyay Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
C.M. Delay Condonation Application No.1 of 2021
Present appeal has been filed with the delay of 298 days. The delay has been sufficiently explained.
Cause shown is sufficient. In the context of bail jurisdiction, delay in filing the appeal is condoned.
Delay condonation application is allowed.
Order on Appeal
Heard Shri Ashutosh Upadhyay, learned counsel for the appellant and Shri Ankit Srivastava, learned AGA for the State.
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 31.01.2020 passed by Special Judge, S.C./S.T. (P.A.) Act/Fast Track Court, District - Sambhal at Chandausi, in Case Crime No. 81 of 2018, under Sections 376- D & 366 IPC and Section 3(2)(5) of SC/ST Act, Police Station Kudfatehgarh, District - Sambhal, whereby bail application of the appellant has been rejected.
At the outset, learned counsel for the appellant states, co- accused Udayveer, against whom main allegation has been made in the FIR, has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 5165 of 2019 vide order dated 11.2.2019. Also, it has been submitted, the appellant has no criminal history.
Accordingly, this appeal is allowed and the impugned order dated 31.01.2020 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Banwari 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 :- 17.12.2021/Prakhar