Court No. - 64
Case :- CRIMINAL APPEAL No. - 5831 of 2021 Appellant :- Gajendra Respondent :- State Of U.P Thru Secretary Home Lknw. And Another Counsel for Appellant :- Sushil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the appellant and learned AGA for the State.
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 26.10.2021 passed by Special Judge, S.C./S.T. (Prevention of Atrocities) Act, Muzaffarnagar in Case Crime No. 223 of 2021, under Sections 302 I.P.C. and 3(2)5 of S.C./S.T. Act, Police Station - Bhopa, District - Muzaffarnagar, 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 Gagan Kumar @ Vinay has already been enlarged on bail by this Court in Criminal Appeal No. 3748 of 2021 vide order dated 11.11.2021. Also, it has been submitted, the appellant has no criminal history.
4. Accordingly, this appeal is allowed and the impugned order dated 26.10.2021 rejecting the bail of the appellant is set aside.
5. Let the accused-appellant, namely, Gajendra 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 :- 23.12.2021 Prakhar Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.12.24 10:42:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad