Court No. - 45
Case :- CRIMINAL APPEAL No. - 802 of 2018 Appellant :- Krishna Mohan Yadav Respondent :- State Of U.P.
Counsel for Appellant :- Awadhesh Kumar Malviya,Shubham Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the appellant and learned AGA for the State, and perused the record.
This criminal appeal has been filed under section 14A(2) of S.C. and S.T. (Prevention of Atrocities Act, 1989) against the order dated 06.01.2018 passed by Additional Sessions Judge/Special Judge, SC/ST(P.A.) Act, Ghazipur in Bail Application No. 01 of 2018 (Krishna Mohan Yadav vs. State of U.P.) arising out of Case Crime No. 1795 of 2017 under Section 147, 504, 436, 427, 429 IPC and 3(1)(10) of SC/ST(P.A.) Act, Police Station- Saidpur, District Ghazipur whereby bail application of appellant was rejected.
It has been argued by the learned counsel for the appellant/applicant that the appellant/applicant has no prior criminal history in his credit and he is in jail since 28.12.2017.
Learned A.G.A. opposed the prayer for bail but admitted that the appellant has no criminal history.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, I am of the opinion that the appellant is entitled to be released on bail.
Let the appellant/applicant Krishna Mohan Yadav, be released on bail in Case Crime No. 1795 of 2017 under sections 147, 504, 436, 427, 429 I.P.C. and 3(1)(10) SC/ST(P.A.) Act, Police Station Saidpur, District Ghazipur on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
The appeal is allowed. Impugned order dated 06.01.2018 rejecting bail of appellant is hereby set aside.
Order Date :- 25.7.2018 Rohit