Court No. - 71
Case :- CRIMINAL APPEAL No. - 1684 of 2019 Appellant :- Bhajan Lal Yadav Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Brijesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant-applicant and learned A.G.A. for the State. Perused the record.Despite the service of notice no one has appeared on behalf of the opposite party no.2.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 08.02.2019 passed by learned Additional Session Judge-II/Special Judge, SC/ST Act, Kanpur Dehat in Bail Application No.222/2019, (Bhajan Lal Yadav Vs. State), arising out of Case crime No.550 of 2018, under Sections 147, 148, 149, 447, 323, 504, 506, 307 I.P.C. and Section 3(2) (5) SC/ST Act, P.S. Rasoolabad, District Kanpur Dehat, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellant submitted that the present accused/appellant has been falsely implicated due to enmity. He submitted that the role of causing fire arm injury has not been assigned to the appellant in the first information report. The role of causing fire arm injury has been assigned to the co-accused Jai Singh and Ram Pratap. He further submitted that co-accused Raja Singh @ Jai Pratap Singh has already been enlarged on bail by another Bench of this Court in Criminal Appeal No.1510 of 2019 vide order dated 26.03.2019. The appellant claims parity. The appellant is in jail since 19.01.2019.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail but does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, considering that the role of firing has been assigned to the co-accused Jai Singh and Ram Pratap, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellants Bhajan Lal Yadav be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 30.4.2019 R./