Court No. - 64
Case :- CRIMINAL APPEAL No. - 1713 of 2021 Appellant :- Israil Alias Ismile Respondent :- State of U.P. and Another Counsel for Appellant :- Surendra Prasad Mishra,Santosh Kumar Singh Counsel for Respondent :- G.A.,Ajay Kumar Mishra
Hon'ble Saumitra Dayal Singh,J.
1. Though notice of the hearing has been served on learned counsel for respondent no.2, none appears on behalf of respondent no.2. Accordingly, the matter has been proceeded.
2. Heard Shri Santosh Kumar Singh, learned counsel for the appellant and Shri Janardhan Prakash, learned AGA for the State.
3. 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 5.3.2021 passed by the Additional Sessions Judge/Special Judge (SC/ST Act) Amroha, in Case Crime No. 50 of 2021 under Sections 323, 376-D, 504, 506, 34 IPC and Section 3(1)Da & 3(2)(V) of SC/ST Act, Police Station- Hasanpur, District- Amroha whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Kapil Gurjar; Babu and; Sushila have already been enlarged on bail by this Court in Criminal Appeal No. 1910 of 2021; 36888 of 2021 and; 1830 of 2021, vide orders dated 4.8.2021; 1.11.2021 and; 29.6.2021 (as corrected by order dated 9.7.2021). Also, it has been submitted, criminal history of the appellant has been explained.
5. Accordingly, this appeal is allowed and the impugned order dated 5.3.2021 rejecting the bail of the appellant is set aside.
6. Let the accused-appellant, namely, Israil Alias Ismile 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 :- 21.12.2021 Prakhar