Court No. - 88
Case :- CRIMINAL APPEAL No. - 3679 of 2020 Appellant :- Dhruvanarayan Koiri @ Dhrup Koiri Respondent :- State of U.P. and Another Counsel for Appellant :- Krishna Kant Singh Counsel for Respondent :- G.A.,Shashi Kant Singh
Hon'ble Ajit Kumar,J.
Heard Sri Krishna Kant Singh, learned counsel for the appellant-applicant, Sri Shashi Kant Singh, learned counsel for the respondent No.2 and learned Additional Government Advocate for the State respondent.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 3rd February, 2020 passed by Additional Session Judge/ Special Judge, SC/ ST Act, Kushinagar at Padrauna in Bail Application No.- 47 of 2020 in S.T. No. 481 of 2007 arising out of Case Crime No.- 232 of 2000 under Sections 323, 504, 506 I.P.C. and Section 3(2)(10) of SC/ST (P. & A.) Act, Police Station- Ramkola, District- Kushinagar.
Learned counsel for the appellant has submitted that earlier the applicant was enlarged on bail, however, he could not appear on the date fixed in the case under trial in court below and accordingly non-bailable warrant was issued against him and subsequently the applicant surrendered and applied for bail which has come to be rejected vide order dated 3rd February, 2020.
Learned counsel for the appellant assures that the appellant will not any further jump the bail if once again indulgence is granted in favour of the applicant.
Learned Additional Government Advocate has opposed the bail application of the applicant.
Having heard learned counsel for the parties and having gone through the entire record including the order by which, bail application of the appellant-applicant has been rejected, impugned herein this appeal and having regard to the facts and circumstances of the case and keeping in view that appellant was earlier granted bail, complicity of accused, I am of the view that the appellant has made out a case for bail subject of course, that he will not jump the bail nor, even otherwise misuse his liberty.
Accordingly, this appeal is allowed and the impugned order dated 3rd February, 2020 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail any further.
The concerned Court/ Authority/ Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 Atmesh