Court No. - 71
Case :- CRIMINAL APPEAL No. - 1508 of 2019 Appellant :- Nagendra Alias Nikku Respondent :- State Of U.P. And Another Counsel for Appellant :- Manish Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant-applicant and learned A.G.A. for the State. Despite the service of notice, no one has appeared on behalf of the opposite party no.2. 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 01.02.2019 passed by Additional District and Sessions Judge, Court No.2/Special Judge (SC/ST Act), Aligarh in Bail Application No.224 of 2019, (Nagendra alias Nikku Vs. State), arising out of Case Crime No.183 of 2018, under Sections 147, 148, 149, 308, 354, 504, 506 I.P.C. & 3(2) (5Ka) of SC/ST Act, P.S. Pisawa, District Aligarh, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellant submitted that the appellant has been falsely implicated in the present case due to ulterior motive. He further submitted that all the offences are punishable below seven years. He submitted that the appellant is in jail since 02.04.2019 and in case, he is enlarged on bail he will not misuse the liberty of bail and will cooperative in the trial.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail.
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 Nagendra alias Nikku 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 :- 29.5.2019 R./