Court No. - 45
Case :- CRIMINAL APPEAL No. - 4254 of 2018 Appellant :- Pawan Yadav Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Divya Ojha Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
Counter affidavit has been filed by the learned AGA for the State and Shri Arun Kumar Singh has filed Vakalatnama on behalf of the opposite party No.2, which are taken on record.
Heard Ms. Divya Ojha, learned counsel for the appellant, learned A.G.A. for the State and Sri Arun Kumar Singh, learned counsel for the opposites party No.2.
This criminal appeal has been filed by the learned counsel for the appellant under Section 14-A (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the impugned order dated 02.7.2018 passed by Special Judge, SC/ST Act, Jhansi, in Case Crime No.308 of 2018, under Sections 447, 511, 386, 504, 506 I.P.C. & Section 3(2)5 SC/ST Act, Police Station- Kotwali, District Jhansi.
The allegation against the appellant is that he threatened the opposite party No.2, when he stopped him from taking possession over the land purchased by him. The criminal history of the applicant has been explained in paragraph No. 27 of the affidavit in support of the bail application. Argument is that the applicant has also moved an application levelling similar allegation against the opposite party No.2 before the District Magistrate. The appellant is languishing in jail since 03.6.2018. The appellant has no criminal history except the present case.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, I am of the opinion that the appellant is entitled to be released on bail.
Let the appellant Pawan Yadav be released on bail in Case Crime No.308 of 2018, under Sections 447, 511, 386, 504, 506 I.P.C. & Section 3(2)5 SC/ST Act, Police Station-Kotwali, District Jhansi on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
The impugned order dated 02.7.2018 passed by Special Judge, SC/ST Act, Jhansi, is hereby quashed.
The appeal is allowed.
Order Date :- 30.8.2018 Ruchi Agrahari