Court No. - 71
Case :- CRIMINAL APPEAL No. - 3156 of 2019 Appellant :- Monu Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Pooja Chaudhary Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant, learned A.G.A., for the State. Perused the record.
The Criminal Appeal has been filed under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 have been filed challenging the order dated 11.3.2019 passed by the learned Additional Sessions Judge/Special Judge (SC/ST) (P.A.) Act, Court No.13, Bulandshahr in bail application no.546 of 2019, arising out of Case Crime No.850 of 2018, under Sections 328, 366, 376D IPC and Section 3(2)5 of SC/ST Act, Police Station Khurja Nagar, District Bulandshahar, seeking bail in the aforesaid sections.
Learned counsel for the appellant contended that he has been falsely implicated in the present case due to village party bandi. He further submitted that the co-accused Nazim, having similar role, has already been admitted to bail vide order dated 14.5.2019 passed by this Court in Criminal Appeal No.2515 of 2019. Hence, the present appellant is also entitled to be enlarged on bail on the ground of parity. Lastly he submitted that the appellant is languishing in jail since 21.7.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the period of detention in jail, 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 Monu 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 :- 29.5.2019 Mini