Court No. - 64
Case :- CRIMINAL APPEAL DEFECTIVE No. - 286 of 2021 Appellant :- Gore Lal Respondent :- Staten Of Up And Another Counsel for Appellant :- Nagendra Pratap Singh,Amrendra Nath Singh (Senior Adv.),Raghav Ram Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Despite service of notice on respondent no. 2, none has appeared on his behalf to oppose the appeal. Accordingly, the appeal is being proceeded on merits.
2. Present appeal has been filed with a delay of 46 days. Cause shown is sufficient. Accordingly, C.M. Delay Condonation Application No. 1 of 2021 is allowed. Delay in filing the appeal is condoned.
3. Counter affidavit has been filed today. Taken on record.
4. Heard Sri Raghav Ram, learned counsel for the appellant and Sri Janardhan Prakash, learned AGA for the State and perused the material placed on record.
5. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 05.10.2020 passed by learned Special Judge (SC/ST Act)/Additional Session Judge, Banda in Criminal Misc. Bail Application No. 958 of 2020, arising out of Case Crime No. 85 of 2020, under Sections 364, 323, 504, 506, 120-B I.P.C. and Section 3(2)(5) SC/ST Act, P.S.- Badausa, District- Banda whereby bail application of the appellant has been rejected.
6. At the outset, learned counsel for the appellant states, in exact similar allegations, co- accused Dharmendra Mishra and Rajendra Tripathi have already been enlarged on bail by this Court in Criminal Appeal Nos. 3113 of 2020 and 3082 of 2020, both vide orders dated 22.1.2021. Also, it has been submitted, criminal history of two cases has been explained.
7. Accordingly, this appeal is allowed and the impugned order dated 05.10.2020 rejecting the bail of the appellant is set aside.
8. Let the accused-appellant, namely, Gore Lal 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 :- 16.12.2021 Prakhar