Court No. - 71
Case :- CRIMINAL APPEAL No. - 2602 of 2019 Appellant :- Ganeshu @ Vivek Kumar Gaur Respondent :- State Of U.P. And Another Counsel for Appellant :- Manoj Kumar Tiwari,Ajay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard Sri Ajay Kumar Mishra, learned counsel for the appellant-applicant and learned counsel for the opposite party no.2 and learned A.G.A. for the State. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 23.07.2018 passed by learned Special Judge, SC/ST Act, Gorakhpur in Bail Application No. 2639 of 2018, arising out of Case crime No. 102 of 2018, under Sections 302, 201, 120-B I.P.C. and 3(2)(V) SC/ST (Prevention of Atrocities) Act, 1989, P.S. Gola, District Gorakhpur, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellant submitted that applicant is not named in FIR and his name was surfaced on the basis of confessional statement of Pradeep Kumar Gupta and other co-accused Devendra Gond @ Akash who have been granted bail by another Bench of this Court vide orders dated 09.10.2018 and 15.02.2019 passed in Criminal Appeal No. 3766 of 2018 and 7146 of 2018, copy is annexed as Annexure No.10. Learned counsel for the applicant has further submitted that nothing incriminating has been recovered from the possession of the applicant regarding the murder of the deceased.
Learned counsel has lastly submitted that the applicant is in jail since 03.04.2018.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, 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-applicant Ganeshu @ Vivek Kumar Gaur be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 30.4.2019 M. ARIF