Court No. - 71
Case :- CRIMINAL APPEAL No. - 3347 of 2019 Appellant :- Dharma Respondent :- State Of U.P. And Another Counsel for Appellant :- Raj Narayan Singh Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed by the State today, is taken on record.
Heard learned counsel for the appellant, learned A.G.A., for the State. Perused the record.
The Criminal Appeal has been filed under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 have been filed challenging the order dated 15.4.2019 passed by learned Second Additional Session Judge/Special Judge, Banda in Criminal Misc. Bail Application No.28 of 2019(Dharma Vs. State), arising out of Case Crime No.53 of 2018, under Sections 366, 376D, 342 IPC and Section 3(2)5 of SC/ST Act, Police Station Badausa, District Banda, seeking bail in the aforesaid sections.
Learned counsel for the appellant contended that he has been falsely implicated in the present case due to village party bandi. He further submitted that the co-accused Kamlesh Yadav, having similar role, has already been admitted to bail vide order dated 23.4.2019 passed by this Court in Criminal Appeal No.892 of 2019. Hence, the present appellant is also entitled to be enlarged on bail on the ground of parity. Lastly he submitted that the appellant is languishing in jail since 17.6.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the period of detention in jail, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant Dharma 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 :- 29.5.2019 Mini