Court No. - 64
Case :- CRIMINAL APPEAL No. - 5627 of 2021 Appellant :- Pankaj Shukla Respondent :- State of U.P. and Another Counsel for Appellant :- Awadhesh Kumar Mishra Counsel for Respondent :- G.A.,Arun Kumar Patel
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Awadhesh Kumar Mishra, learned counsel for the appellant; Sri Vikas Goswami, learned AGA for the State. List revised. None appears on behalf of the informant to oppose the present appeal.
2. 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 12.10.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Basti, in Case Crime No. 107 of 2021, under Sections - 147, 149, 323, 336, 427, 452, 504, 506 and 304 I.P.C. and Sections 3(1)(Da), 3(1)(Dha), 3(2)(5) and 3(2)(5-Ka) S.C./S.T.
(Prevention of Atrocities) Act, Police Station - Paikolia, District - Basti, whereby bail application of the appellant has been rejected.
3. At the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Rajesh Dubey, Sunil Mishra, Anil Kumar Shukla and Arun Kumar Dubey @ Manna have already been enlarged on bail by this Court in Criminal Appeal Nos. 4304 of 2021, 4761 of 2021, 4572 of 2021 and 4574 of 2021, vide orders dated 09.12.2021, 10.12.2021 and 13.12.2021 respectively. For the reasons contained in those orders, 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.
4. Accordingly, this appeal is allowed and the impugned order dated 12.10.2021, rejecting the bail of the appellant is set aside.
5. Let the accused-appellant, namely, Pankaj Shukla, 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 :- 22.12.2021 Abhilash