Court No. - 64
Case :- CRIMINAL APPEAL No. - 3212 of 2021 Appellant :- Lakhan Lal Respondent :- State of U.P. and Another Counsel for Appellant :- Mukesh Joshi Counsel for Respondent :- G.A.,Rajesh Yadav,Ruchi Mishra
Hon'ble Saumitra Dayal Singh,J.
1. Heard Mr. Rahul Saxena, learned counsel for the appellant; Mr. Nagendra Kumar Srivastava, learned learned AGA for the State and; Ms. Ruchi Mishra, learned counsel for respondent no.2.
2. This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 1.7.2021 passed by Additional Sessions Judge/Special Judge (S.C./S.T. Act), Moradabad, arising out of Case Crime No.- 182 of 2021, under Sections 302, 201, 34 I.P.C. and Sections 3(2)(v) of SC/ST (Prevention of Atrocities) Act, Police Station- Majhola, District- Moradabad, whereby bail application of the appellant has been rejected.
3. At the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Mohit Pawar has already been enlarged on bail by this Court in Criminal Appeal No. 3416 of 2021 vide order dated 17.11.2021. Also, it has been submitted, the appellant has no criminal history.
4. Accordingly, this appeal is allowed and the impugned order dated 1.7.2021 rejecting the bail of the appellant is set aside.
5. Let the accused-appellant, namely, Lakhan Lal 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 :- 22.12.2021 Prakhar