Court No. - 64
Case :- CRIMINAL APPEAL No. - 1834 of 2021 Appellant :- Chandra Bhushan Respondent :- State Of U.P.And Another Counsel for Appellant :- Rajesh Kumar Singh,Sanjay Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Despite service of notice on respondent no.2, none has appeared on her behalf to oppose the appeal. Accordingly, the appeal is bring proceeded on merits.
2. Heard learned counsel for the appellant and 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 19.10.2020, passed by Incharge Special Judge (S.C./S.T. Act), Sonbhadra, in Case Crime No. 78 of 2019, under Sections - 147, 148, 149, 302, 307/34 I.P.C. and Section 3(2)(V) S.C./S.T. Act, 1989, Police Station - Ghorawal, District - Sonbhadra, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant states that the co-accused persons Neeraj Rai; Dharmendra @ Munna; Rajbir Singh and; Anil Gurjar @ Anil Singh, have already been enlarged on bail by this Court in Criminal Appeal Nos. 2235 of 2021; 4840 of 2021;1506 of 2021 and;
1766 of 2021, vide orders dated 23.10.2021; 25.11.2021; 25.3.2021 and 21.12.2021 (today) respectively. Further, it has been submitted, the present appellant was not named in the FIR. Also, it has been submitted, the appellant has no criminal history.
5. Accordingly, this appeal is allowed and the impugned order dated 19.10.2020 rejecting the bail of the appellant is set aside.
6. Let the accused-appellant, namely, Chandra Bhushan 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 :- 21.12.2021/Prakhar