Court No. - 64
Case :- CRIMINAL APPEAL No. - 3090 of 2021 Appellant :- Naveen Kumar Gupta Respondent :- State of U.P. and Another Counsel for Appellant :- Sanjay Kumar Yadav,Amit Pathak Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Despite service of notice on respondent no. 2, none has appeared on his behalf to oppose the appeal. Accordingly, the appeal is being proceeded on merits.
2. Supplementary affidavit filed by learned counsel for the appellant and counter affidavit filed by State today are taken on record.
3. Heard Sri Deepchand Singh learned counsel holding brief of learned counsel for the appellant; Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
4. 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 order dated 15.3.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Saharanpur, in Case Crime No. 631 of 2020, under Sections - 420, 467, 468, 471, 406 I.P.C. and Section 3(2)5 S.C./S.T.
(Prevention of Atrocities) Act, Police Station - Sadar Bazar, District - Saharanpur, whereby bail application of the appellant has been rejected.
5. At the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Akshay Kumar @ Akki has already been enlarged on bail by this Court in Criminal Appeal No. 1650 of 2021, vide order dated 17.6.2021. For the reasons contained in that order, the present appellant is also entitled to bail. Further, criminal history of the appellant has been explained. Also, it has been submitted, the allegations of violation under SC/ST Act are general and made to lend colour to the story.
6. Accordingly, this appeal is allowed and the impugned order dated 15.3.2021, rejecting the bail of the appellant is set aside.
7. Let the accused-appellant, namely, Naveen Kumar Gupta, 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 :- 17.12.2021 Faraz