Court No. - 71
Case :- CRIMINAL APPEAL No. - 3654 of 2019 Appellant :- Guddu Alias Pushpendra Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Lavkush Kumar Bhatt Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the appellant 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 26.4.2019 passed by learned Additional Session Judge, Court No.2/Special Judge (SC/ST Act), Farrukhabad in Criminal Bail Application No.79 of 2019 (Guddu @ Pushpendra Vs. State of U.P.) in Special Session Trial No.34 of 2016, arising out of Case Crime No.292 of 2012, under Sections 147, 323, 504, 506 IPC and Section 3(1)10 of SC/ST Act, Police Station Mohammadabad, District Farrukhabad, seeking bail in the aforesaid sections.
Learned counsel for the appellant has submitted that the appellant is quite innocent and has been falsely implicated in the present case due to village party bandi. He further submitted that earlier appellant was on bail but he could not attend the Court due to illness and his NBW was issued. He further submitted that the appellant is languishing in jail since 19.4.2019, having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and he will cooperate in trial.
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 Guddu Alias Pushpendra 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