Court No. - 64
Case :- CRIMINAL APPEAL No. - 2058 of 2020 Appellant :- Naresh @ Duda Thakur Respondent :- State of U.P. and Another Counsel for Appellant :- Rama Shankar Mishra,Pushpendra Singh Counsel for Respondent :- G.A.,Manoj Kumar Tripathi
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the appellant; Sri Manoj Kumar Tripathi learned counsel for the opposite party No.2; Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
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 12.6.2020 passed by Special Judge, SC/ ST (Prevention of Atrocities) Act, Bulandshahar in Case Crime No.- 41 of 2020 under Sections 376D I.P.C. and Sections 3(2)5 of SC/ST Act, Police Station- Kakore, District- Bulandshahar, 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 Monu @ Meghraj has already been enlarged on bail by this Court in Criminal Appeal No. 3070 of 2021, vide order dated 10.11.2021. For the reasons contained in that order, the present appellant is also entitled to bail. Further, it has been submitted, the appellant has no criminal history. Also, 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 12.6.2020, rejecting the bail of the appellant is set aside.
6. Let the accused-appellant, namely, Naresh @ Duda Thakur, 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 Faraz