Court No. - 71
Case :- CRIMINAL APPEAL No. - 3517 of 2019 Appellant :- Govind Nishad Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Ajay Singh Counsel for Respondent :- G.A.,Bhawesh Pratap Singh
Hon'ble Ajit Singh,J.
Today, when the case has been taken up, none has appeared on behalf of respondent no.2 despite service of notice.
Heard learned counsel for the appellant, learned A.G.A., for the State. Perused the record.
The Criminal Appeal has been filed under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 have been filed challenging the order dated19.3.2019 passed by learned Additional District and Session Judge, Court No.2/Special Judge, SC/ST (P.A.) Act, Kanpur Dehat in Bail Application No.579 of 2019, arising out of Case Crime No.273 of 2018, under Sections 307, 323, 504, 506 IPC and Section 3(2)(Va) of SC/ST Act, Police Station Sajeti, District Kanpur Nagar, seeking bail in the aforesaid sections.
Learned counsel for the appellant contended that the appellant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He further submitted that the co-accused Santosh Nishad, having similar role, has already been admitted to bail vide order dated 8.5.2019 passed by this Court in Criminal Appeal No.2878 of 2019. Hence, the present appellant is also entitled to be enlarged on bail on the ground of parity. Lastly he submitted that the appellant is languishing in jail since 22.12.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the period of detention in jail, 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 Govind Nishad be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 30.5.2019 Mini