Court No. - 64
Case :- CRIMINAL APPEAL No. - 2669 of 2021 Appellant :- Darvesh Fauji Respondent :- State of U.P. and Another Counsel for Appellant :- Shri Prakash Mishra,Bal Mukund Singh Counsel for Respondent :- G.A,Bajrang Lal
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Bal Mukund Singh, learned counsel for the appellant; Sri Ashwani Prakash Tripathi, 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 05.04.2021, passed by Special Judge, S.C./S.T. Act, (Prevention of Atrocities) Act, 1989, Ghaziabad in Case Crime No.0078 of 2020, under Sections - 147, 323, 302, 201 I.P.C. & 3(2)5 of S.C./S.T. Act, P.S. Nandgram, District - Ghaziabad, 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 Satveer and Ankit Kumar have already been enlarged on bail by this Court in Criminal Appeal Nos. 2681 of 2021 and 3242 of 2021, vide orders dated 17.11.2021 and 29.10.2021 respectively. 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 under SC/ST Act are general and made to lend colour to the story.
5. Accordingly, this appeal is allowed and the impugned order dated 05.4.2021, rejecting the bail of the appellant is set aside.
6. Let the accused-appellant, namely, Darvesh Fauji , 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 Faraz