Court No. - 64
Case :- CRIMINAL APPEAL No. - 3659 of 2021 Appellant :- Bholu Sharma Respondent :- State of U.P. and Another Counsel for Appellant :- Pankaj Goswami Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Despite service of notice on respondent no. 2, none has appeared on his behalf to oppose the appeal. Accordingly, the appeal is being proceeded on merits.
2. Heard Sri Pankaj Goswami, learned counsel for the appellant; Sri Ankit Srivastav, 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 10.08.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Agra, in Case Crime No. 203 of 2021, under Sections - 147, 149, 307, 504 I.P.C. and Sections 3(1)(Da) and 3(2)(5) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Hariparwat, District - Agra, 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 Chhutakan @ Kamlesh Upadhyay, Neeraj Upadhyay, Vittu @ Ayush Upadhyay and Monu have already been enlarged on bail by this Court in Criminal Appeal Nos. 2707 of 2021, 3734 of 2021 and 3177 of 2021, all vide order dated 13.12.2021. For the reasons contained in those orders, the present appellant is also entitled to bail. Further, it has been submitted, the appellant has no criminal history. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
5. Accordingly, this appeal is allowed and the impugned order dated 10.08.2021, rejecting the bail of the appellant is set aside.
6. Let the accused-appellant, namely, Bholu Sharma, 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 :- 16.12.2021 Abhilash