Court No. - 50
Case :- CRIMINAL APPEAL No. - 3359 of 2021 Appellant :- Ganesh Respondent :- State of U.P. and Another Counsel for Appellant :- Satya Prakash Shukla Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
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 12.04.2021 and 28.07.2021, passed by Special Judge (SC/ST Act), Sonbhadra in Special Trial No. 110/2019, arising out of Case Crime No. 78 of 2019, under Sections - 147, 148, 149, 302, 307/34 I.P.C., Section 3/25/27 Arms Act and Section - 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station - Ghorawal, District Sonbhadra..
Contention, in brief, is that similarly circumstanced, another co-accused - Ajay has already been admitted to bail by this Court in Criminal Appeal No. 2888 of 2021, vide order dated 3.9.2021. Copy of bail order has been produced by learned counsel for the appellant, the same is taken on record. In case, the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant is languishing in jail since 17.07.2019.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant has been rejected, impugned herein this appeal.
Nothing convincing has been argued on behalf of the complainant/State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 12.04.2021 and 28.07.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant - Ganesh involved in the aforesaid case crime number for the aforesaid offences 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 :- 26.10.2021 S Rawat