Court No. - 53
Case :- CRIMINAL APPEAL No. - 6396 of 2018 Appellant :- Mukesh Chauhan And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Amrendra Pratap Singh,Anand Kumar Srivastava,Utsav Singh Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This criminal appeal under Section 14A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short 'Act, 2015') has been filed on behalf of the appellants, challenging the order dated 15.09.2018 passed by Additional Sessions Judge, Court No. 1, Ghazipur, in Bail Application No. 196 of 2018 (Mukesh Chauhan and Another v. State of U.P.), arising out of Case Crime No. 140 of 2018, under Sections 354, 323, 504, 506 of the Indian Penal Code, 1860, Section 7/8 of POCSO Act, 2012 and Section 3(ii) (Va) of Act, 2015, Police Station - Mardah, District - Ghazipur, seeking bail in the aforesaid sections.
None of the aforesaid offences against the appellants is punishable with imprisonment for more than seven years.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to allowed. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned order dated 15.09.2018 passed by Additional Sessions Judge, Court No. 1, Ghazipur is hereby set aside.
Let the appellants - Mukesh Chauhan and Amit Chauhan 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 :- 30.1.2019 I. Batabyal