Court No. - 64
Case :- CRIMINAL APPEAL No. - 1013 of 2021 Appellant :- Dada @ Vivek Kumar Gupta Respondent :- State of U.P. and Another Counsel for Appellant :- Sanjay Mishra Counsel for Respondent :- G.A.,Avinash Mani Tripathi,Yogendra Sharma
Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Sanjay Mishra, learned counsel for the appellant; Shri Vikas Goswami, learned AGA for the State and; Shri Yogendra Sharma, 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 5.2.2021 passed by learned Special Judge, SC/ST Act, Allahabad passed in Bail Application No. 578 of 2020, arising out of Case Crime No. 214 of 2020, under Section 302/34 I.P.C. and Section 3(2)V of SC/ST Act, P.S. Shivkuti, District Allahabad, whereby bail application of the appellant has been rejected.
3. At the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Safeeq @ Bhaukali has already been enlarged on bail by this Court in Criminal Appeal No. 1741 of 2021 vide order dated 2.8.2021. Also, it has been submitted, the appellant has no criminal history.On the other hand, learned AGA has pointed that the role of Safeeq @ Bhaukali was little different.
4. On the other hand, learned AGA has pointed that the role of Safeeq @ Bhaukali was little different. Only his presence was shown in the FIR. However, firearm has been recovered from the present appellant.
5. Having heard learned counsel for the parties and having perused the record, insofar as the role of causing firearm injury has been assigned to another accused - Arif and no such role has been assigned to the present appellant, he appears to be enlarged on bail.
6. Accordingly, this appeal is allowed and the impugned order dated 5.2.2021 rejecting the bail of the appellant is set aside.
7. Let the accused-appellant, namely, Dada @ Vivek Kumar Gupta 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 :- 24.12.2021 Prakhar