Court No. - 64
Case :- CRIMINAL APPEAL No. - 5404 of 2021 Appellant :- Kannu Respondent :- State of U.P. and Another Counsel for Appellant :- Shiv Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Learned counsel for the appellant is permitted to correct the prayer clause, during the course of the day.
2. Despite service of notice on respondent no. 2, none has appeared on his behalf to oppose the appeal. Accordingly, the appeal is being proceeded on merits.
3. Heard Sri Shiv Kumar Singh, learned counsel for the appellant; Sri Nagendra Kumar Srivastava, learned AGA for the State and perused the material placed on record.
4. 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 15.09.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Sonbhadra, in Case Crime No. 195 of 2020, under Sections - 147, 364, 302 and 201 I.P.C. and Section 3(2)(V) S.C./S.T.
(Prevention of Atrocities) Act, Police Station - Banpur, District - Lalitpur, whereby bail application of the appellant has been rejected.
5. At the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Ankesh @ Ankit Chadhar has already been enlarged on bail by this Court in Criminal Appeal No. 3002 of 2021, vide order dated 03.09.2021. 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. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
6. Accordingly, this appeal is allowed and the impugned order dated 15.09.2021, rejecting the bail of the appellant is set aside.
7. Let the accused-appellant, namely, Kannu, 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 :- 23.12.2021 Abhilash