Court No. - 50
Case :- CRIMINAL APPEAL No. - 2415 of 2021 Appellant :- Mayank Raghav Respondent :- State of U.P. and Another Counsel for Appellant :- Pankaj Kumar Mishra Counsel for Respondent :- G.A.,Dr. Akhilesh Kumar,Shishu Pal Sharma
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned counsel for the informant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A(2) SC/ST Act has been preferred by the appellant with the prayer to set aside the order dated 17.04.2021, passed by Special Judge, S.C./S.T. Act, Aligarh in Case Crime No. 677 of 2020, under Sections - 147, 148, 149, 307, 302, 504/34 I.P.C. and 3(2)(V) SC/ST, Police Station- Banna Devi, District - Aligarh.
Contention, in brief, is that similarly circumstanced co-accused Ujjwal Baghel has already been admitted to bail by this Court in Criminal Appeal No.551 2021 on 19.03.2021, copy whereof has been annexed as annexure no.11 to this appeal. The case of the present applicant is identical to that of co-accused who has already been admitted to bail. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 25.03.2021.
Learned counsel for the informant and learned A.G.A. vehemently opposed the prayer for bail of the appellant.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant has been rejected, impugned herein this appeal.
Nothing convincing has been argued on behalf of the complainant/State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 17.04.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant Mayank Raghav involved in the aforesaid case crime number for the aforesaid offences 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 :- 12.8.2021 rkg Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.13 14:22:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad