Court No. - 53
Case :- CRIMINAL APPEAL No. - 5417 of 2018 Appellant :- Jitendra Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the appellant and learned A.G.A. for the State of U.P. in opposition.
This criminal appeal under Section 14A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed on behalf of the appellant challenging the order dated 29.8.2018 passed by Additional Sessions Judge, Court No.2, Shahjahanpur, in Bail Application No. 2062 of 2018, arising out of Case Crime No. 867 of 2017, under Sections 323, 504, 506, 120B of the Indian Penal Code, 1860 and Section 3(1)-r of S.C./S.T. Act, Police Station - Banda, District - Shahjahanpur, seeking bail in the aforesaid sections.
Learned counsel for the appellant contended that the main accused Brijbhan alias Hussaini has been enlarged on bail by order of this Court vide order dated 27.11.2018 passed in Criminal Appeal No. 331 of 2018.
Per contra learned A.G.A. has opposed the prayer for bail and submitted that there is no infirmity or illegality in the order passed by the learned trial court.
Without expressing any opinion on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to be allowed.
Accordingly, the appeal is allowed and the aforementioned impugned order is hereby set aside.
Let the appellant Jitendra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties in the like amount to the satisfaction of the court concerned.
Order Date :- 29.1.2019 Manish Tripathi