Court No. - 71
Case :- CRIMINAL APPEAL No. - 2775 of 2019 Appellant :- Lavkush Respondent :- State Of U.P. And Another Counsel for Appellant :- Gaurav Kakkar Counsel for Respondent :- G.A.,Mohd. Aslam
Hon'ble Ajit Singh,J.
Heard Sri Gaurav Kakkar, learned counsel for the appellant-applicant, Sri Mohd. Saleem holding brief of Sri Mohd. Aslam, learned counsel for the opposite party no.2 and learned A.G.A. for the State. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 19.03.2019 passed by Additional Sessions Judge, Court No.2/Special Judge, Saharanpur in Bail Application No. 917 of 2019, arising out of Case Crime No. 613 of 2018, under Sections 302, 201 I.P.C. and 3(2)(V) SC/ST (Prevention of Atrocities) Act, 1989, P.S. Kotwali Dehat, District Saharanpur, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellant submitted that other co-accused Jaipal has been granted bail by another Bench of this Court vide order dated 20.02.2019 passed in Crl. Appeal No. 6449 of 2018. Hence, the present appellant/applicant is also entitled to be enlarged on bail on the ground of parity.
As per prosecution version, dead body of Km. Anju daughter of informant was recovered on 7.09.2018 at 7:30 AM at Uttar Vihar Colony house of Jaipal Singh. Later on, on 10.09.2018, informant lodged first information report with allegation that co-accused Ankush Saini has illicit relation with the deceased Km. Anju. Co- accused Ankush has committed murder of the deceased after raping her with co-accused Lavkush..
It is contended by learned counsel for the appellant that there is no evidence against the appellant in this case except suspicion made by informant in the first information report. It has been further submitted by the learned counsel for the appellant that the present accused is resident of village Bijopura Topri, Saharanpur, copy annexed as Annexure No. 14.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 03.11.2018 and in case, he is released on bail, he will not misuse the liberty of bail Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail but does not dispute the factum of the parity.
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-applicant Lavkush be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 29.4.2019 M. ARIF