Court No. - 64
Case :- CRIMINAL APPEAL No. - 5441 of 2021 Appellant :- Kishan @ Krishna Respondent :- State of U.P.
Counsel for Appellant :- Sunil Kumar Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Though service report is awaited, upon query made, learned AGA states, written instructions have been received by him, amongst others, as to service effected on respondent no.2 on 18.11.2021. None has appeared on his/her behalf. Accordingly, the matter has been proceeded on merits.
2. Heard Sri Sunil Kumar, 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 16.03.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Bulandshahr, in Case Crime No. 14 of 2021, under Sections - 272, 273, 304, 326, 420, 467, 468, 471, 34 I.P.C.; Section 60(a) of U.P. Excise Act and Section 3(2)(5) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Sikandarabad, District - Bulandshahr, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Vinod and Bhagwat Saini have already been enlarged on bail by this Court in Criminal Appeal Nos. 2043 of 20213 and 3603 of 2021, vide orders dated 09.09.2021 and 25.10.2021 respectively. For the reasons contained in those orders, 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.
5. Accordingly, this appeal is allowed and the impugned order dated 16.03.2021, rejecting the bail of the appellant is set aside.
6. Let the accused-appellant, namely, Kishan @ Krishna, 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