Court No. - 64
Case :- CRIMINAL APPEAL No. - 2796 of 2021 Appellant :- Manish Yadav @ Abhimanyu Respondent :- State Of U.P And Another Counsel for Appellant :- Pradeep Kumar Counsel for Respondent :- Shams Tabrez Alam Ansari
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Pradeep Kumar, learned counsel for the appellant; Sri Ankit Srivastav, learned AGA for the State and perused the material placed on record.
2. List revised. None appears on behalf of the informant to oppose the present appeal.
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 27.05.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Ghazipur, in Case Crime No. 84 of 2021, under Sections - 304, 323, 504 and 506 I.P.C. and Section 3(2)(V) Da, Dha S.C./S.T. (Prevention of Atrocities) Act, Police Station - Sadat, District - Ghazipur, 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 Pankaj Yadav and Mukesh Yadav who were not named in the FIR, have already been enlarged on bail by this Court in Criminal Appeal Nos. 5040 of 2021 and 2881 of 2021, vide orders dated 14.12.2021 and 29.09.2021 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. Then, it has been submitted, though the appellant has been named in the FIR, it is stated, no specific role has been assigned to him.
Also, there is no eye-witness account. Further, 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 27.05.2021, rejecting the bail of the appellant is set aside.
6. Let the accused-appellant, namely, Manish Yadav @ Abhimanyu, 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 Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.12.23 16:36:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad