Court No. - 64
Case :- CRIMINAL APPEAL No. - 5796 of 2021 Appellant :- Basantey Respondent :- State of U.P. and Another Counsel for Appellant :- Rakesh Kumar Shukla 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 of the present bail application, however, date is not clear. None has appeared on her behalf. Accordingly the matter has been proceeded on merits.
2. Heard Shri Rakesh Kumar Shukla, learned counsel for the appellant and Shri Ashwini Prakash Tripathi, 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 27.10.2021 passed by the Special Judge S.C./S.T. Act, Jhansi in Case Crime No. 92 of 2021, under Sections 147, 452, 427, 323, 504, 506 I.P.C. and 3(2)5Ka of S.C./S.T. Act, P.S. - Lahchura, District - Jhansi, 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 Santosh Kotedar has already been enlarged on bail by this Court in Criminal Appeal No. 4038 of 2021 vide order dated 18.11.2021. Also, it has been submitted, the appellant has no criminal history.
5. Accordingly, this appeal is allowed and the impugned order dated 27.10.2021 rejecting the bail of the appellant is set aside.
6. Let the accused-appellant, namely, Basantey 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 :- 23.12.2021 Prakhar