Court No. - 64
Case :- CRIMINAL APPEAL No. - 5361 of 2021 Appellant :- Jakir Hussain Respondent :- State of U.P. and Another Counsel for Appellant :- Padmaker Pandey,Sunil Kumar Srivastava Counsel for Respondent :- G.A.,Rama Pati Tripathi
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sunil Kumar Srivastava, learned counsel for the applicant; Sri Rama Pati Tripathi, learned counsel for the informant as well as Sri Janardan Prakash, learned AGA for the State and perused the material placed on record.
2. 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 02.11.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Kanpur Nagar, in Case Crime No. 39 of 2020, under Sections - 323, 504, 506, 308, I.P.C. and Section 3(2)5 Ka, S.C./S.T.
(Prevention of Atrocities) Act, Police Station - Bidhnu, District - Kanpur Nagar, whereby bail application of the appellant has been rejected.
3. At the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Vahid Hussain who is also not named in the FIR has already been enlarged on bail by this Court in Criminal Appeal No. 2489 of 2020, vide order dated 01.2.2021. For the reasons contained in that order, the present appellant is also entitled to bail. Further, it has been submitted, the appellant has no criminal history. Insofar as the named accused Irfan is concerned, his case is stated to be on a different footing. Also, it has been submitted, the allegations of violation under SC/ST Act are general and made to lend colour to the story.
4. Accordingly, this appeal is allowed and the impugned order dated 02.11.2021, rejecting the bail of the appellant is set aside.
5. Let the accused-appellant, namely, Jakir Hussain, 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 :- 17.12.2021 Faraz