Court No. - 64
Case :- CRIMINAL APPEAL No. - 3992 of 2021 Appellant :- Chhatrapal Respondent :- State Of U.P. And Another Counsel for Appellant :- Bharat Singh Counsel for Respondent :- G.A.,Chandra Bhan Kushwaha
Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Bharat Singh, learned counsel for the appellant; Shri Ankit Srivastava, learned AGA for the State and Shri Chandra Bhan Kushwaha, learned counsel for respondent no.2.
2. 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 03.09.2021 passed by Additional Sessions Judge/Special Court, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Budaun in Bail Application No.- 2219 of 2021 in Special Session Trial No.91 of 2021, under Sections 323, 504, 506 I.P.C. and Sections 3(1)Dha of SC/ST (Prevention of Atrocities) Act, Police Station- Bisauli, District- Budaun.
3. At the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Nempal has already been enlarged on bail by this Court in Criminal Appeal No. 4240 of 2021 vide order dated 27.11.2021 Also, it has been submitted, the criminal history of two cases of the applicant has been explained.
4. Accordingly, this appeal is allowed and the impugned order dated 03.09.2021 rejecting the bail of the appellant is set aside.
5. Let the accused-appellant, namely, Chhatrapal 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 Prakhar