Court No. - 71
Case :- CRIMINAL APPEAL No. - 1440 of 2019 Appellant :- Lavkush Respondent :- State Of U.P. And Another Counsel for Appellant :- Sanjay Singh Sengar Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the appellant and learned A.G.A. for the State.
This Criminal Appeal under Section 14A(2) of Scheduled Castes & Scheduled Tribes (Prevention of Attrocities) Act, 1989 has been filed challenging the order dated 31.1.2019 passed by the Special Judge, SC/ST Act/Additional Sessions Judge(Court No.2), Mahoba in Bail Application No.11 of 2019(State Vs. Lavkush), arising out of Case Crime No.249 of 2018, under Sections 452, 354, 323, 504, 506 IPC and Section 3(2)5-Ka, 3(1)Dha, 3(1)(Da) and 3(1)(Ba-1) of SC/ST Act, Police Station Kulpahar, District Mahoba, seeking bail in the aforesaid sections.
Learned counsel for the appellant has submitted that the appellant has been falsely implicated in the present case due to ulterior motive. He further submitted that all the offences are punishable below seven years. He further submitted that the appellant is languishing in jail since 19.12.2018 and in case is he released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, learned A.G.A. for the State has vehementaly opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant Lavkush be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 31.5.2019 R./