Court No. - 53
Case :- CRIMINAL APPEAL No. - 7573 of 2018 Appellant :- Buddhan Singh Alias Shyam Singh Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Tanisha Jahangir Monir Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Learned A.G.A. for the State of U.P. has filed counter affidavit in the Court today, the same is taken on record.
Heard learned counsel for the appellant, learned A.G.A. for the State of U.P. in opposition and perused the record.
This criminal appeal under Section 14A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed by the appellants challenging the order dated 22.10.2018 passed by II Additional Sessions Judge/Special Judge (SC/ST Act), Kaushambi in Bail Application No. 127 of 2018- Buddhan Singh alias Shyam Singh vs. State of U.P., under Sections- 323, 504, 506 and 325 I.P.C. and under Section 3(1)(10) SC/ST (Prevention of Atrocities) Amendment Act, 2015, P.S. Pipri, District- Kaushambi seeking bail in the aforesaid sections.
Learned counsel for the appellant contended that the appellant has been falsely implicated in the present case. He further contended that the appellant has no criminal antecedents and is languishing in jail since 14.10.2018.
Per contra, learned A.G.A. has opposed the prayer for bail and submitted that there is no infirmity or illegality in the impugned order passed by the trial court.
None of the aforesaid offences against appellant is punishable with imprisonment for more than seven years.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to allowed. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned order dated 22.10.2018 passed by II Additional Sessions Judge/Special Judge (SC/ST Act), Kaushambi is hereby set aside.
Let the appellant - Buddhan Singh Alias Shyam Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 22.1.2019 Rohit