Court No. - 64
Case :- CRIMINAL APPEAL No. - 5326 of 2021 Appellant :- Khem Chandra Respondent :- State of U.P. and Another Counsel for Appellant :- Devendra Singh Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. List has been revised. Despite service of notice on opposite party no. 2, none has appeared on his behalf to oppose the bail appeal. Accordingly, the appeal has been proceeded on merits.
2. Heard Sri S.N. Singh learned counsel holding brief of learned counsel for the appellant; Sri Nagendra Kumar Srivastava, learned AGA for the State and perused the material placed on record.
3. 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 25.3.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Jalaun at Orai, in Case Crime No. 780 of 2020, under Sections - 120-B IPC, Police Station - Kotwali Orai, District - Jalaun, whereby bail application of the appellant has been rejected.
4. By a separate order passed today in Criminal Appeal No. 4149 of 2021 that appeal has been allowed and the appellant has been enlarged on bail for the offences under Sections 364A, 323, 504, 506 I.P.C. and Section 3(2)(5) S.C./S.T. (Prevention of Atrocities) Act. Present appeal has been filed against the order rejecting the bail of the appellant for added section 120B IPC.
5. Accordingly, this appeal is allowed and the impugned order dated 25.3.2021, rejecting the bail of the appellant is set aside.
6. Let the accused-appellant, namely, Khem Chandra, 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 :- 20.12.2021 Faraz