Court No. - 50
Case :- CRIMINAL APPEAL No. - 3554 of 2021 Appellant :- Phool Chandra Gurjar Respondent :- State of U.P. and Another Counsel for Appellant :- Satya Prakash Shukla Counsel for Respondent :- G.A.,Phool Singh Yadav
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 06.08.2021 passed by Special Judge, SC/ ST (Prevention of Atrocities) Act, Sonhadra in Special Trial No.110 of 2019 arising out of Case Crime No.- 78 of 2019, under Sections 147, 148, 149, 302, 307/34 I.P.C. and Section 3(2) (v) of SC/ST (Prevention of Atrocities) Act, 1989, Police Station- Ghorawal, District- Sonbhadra.
Contention, in brief, is that similarly circumstanced co-accused Ajay has already been admitted to bail by coordinate Bench of this Court in Criminal Appeal No.2888 of 2020 on 03.09.2021. The case of the present applicant is identical to that of co- accused who has already been admitted to bail. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 23.07.2019.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant has been rejected, impugned herein this appeal.
Nothing convincing has been argued on behalf of the complainant/State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 06.08.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant Phool Chandra Gurjar involved in the aforesaid case crime number for the aforesaid offences 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 :- 29.10.2021 rkg