Court No. - 64
Case :- CRIMINAL APPEAL No. - 6027 of 2021 Appellant :- Pintu Respondent :- State of U.P. and Another Counsel for Appellant :- Amit Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Amit Kumar Shukla, learned counsel for the appellant and Shri Ashwini Prakash Tripathi, learned AGA for the State.
2. This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 26.11.2021, passed by Special Judge, S.C./S.T. (P.A.) Act, Court no.2, Shahjahanpur, in Case Crime No. 488 of 2021, under Sections - 147, 148, 149, 323, 308, 304, 504, 506, 352, 427, 325 I.P.C. and Section - 3(2)(5) SC/ST (Prevention of Atrocities) Act, Police Station - Kanth, District - Shahjahanpur, whereby bail application of the appellant has been rejected.
3. Though status of the service of notice on respondent no.2 is not clear, at the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Ashok Kumar had been granted bail by this Court in Criminal Appeal No. 4960 of 2021 vide order dated 21.12.2021, after hearing learned counsel for the informant. Also, co-accused Roopram; Mukesh Kumar; Umesh Kumar and; Vimal Kumar have already been enlarged on bail by this Court in Criminal Appeal Nos. 4515 of 2021; 4450 of 2021; 4489 of 2021 and; 4486 of 2021, vide orders dated 13.12.2021 and last three orders dated 9.12.2021 respectively. Those orders are passed after service of notice on the informant. Also, it has been submitted, the appellant has no criminal history.
4. Accordingly, this appeal is allowed and the impugned order dated 26.11.2021 rejecting the bail of the appellant is set aside.
5. Let the accused-appellant, namely, Pintu 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 :- 24.12.2021/Prakhar