Court No. - 71
Case :- CRIMINAL APPEAL No. - 1667 of 2019 Appellant :- Kailash Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Ajay Srivastava Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant-applicant, and learned A.G.A. for the State. Perused the record.Despite the service of notice no one has appeared on behalf of the opposite party no.2.
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 25.01.2019 passed by IInd Additional Session Judge/Special Judge, SC/ST Act, Ghazipur in Bail Application No,09 of 2019, arising out of Case crime No.141 of 2018, under Sections 306, 506 I.P.C. and 3(2)5 SC/ST Act, P.S. Karanda, District Ghazipur, seeking bail in the aforesaid sections.
As per prosecution version there was a altercation between his father, Saroj Kharwar, Kailash Yadav and Pintu Yadav and both the accused had beaten the deceased and again on 24.10.2018 at about 8.00p.m. both the accused came to his house and threatened his father and due to this threatening his father had committed the suicide at about 8.15 p.m.
Learned counsel for the appellant submitted that the accused has been falsely implicated due to enmity. He submitted that the deceased had taken some money from the accused and he had not returned back the money. He further submitted that the offence under Section 306 I.P.C. is not made out against the accused/appellant. He submitted that the he is a respectable citizen. The appellant is in jail since 19.01.2019.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail and submitted that the accused is of bad character and he is having a criminal history of one case.
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 Kailash Yadav be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 30.4.2019 R./