Court No. - 53
Case :- CRIMINAL APPEAL No. - 6216 of 2018 Appellant :- Pushpendra Respondent :- State Of U.P. And Another Counsel for Appellant :- Gufran Ahmad Khan Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Learned counsel for the appellant is permitted to correct the prayer clause in the memo of appeal.
Heard learned counsel for the appellant, learned A.G.A., for the State and perused the record.
This Criminal Appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed on behalf of the appellant, challenging the order dated 11.10.2018 passed by Additional Special Judge, SC/T Act/IInd Additional Sessions Judge, Badaun, in Sessions Trial No. 2172 of 2018 (State vs. Pushpendra), arising out of Case Crime No. 319 of 2018, under Sections 323, 324, 308, 504 I.P.C. & Section 3(1) Da & 3(1) Dha of Act, 1989, P.S. Wajirganj, District Badaun, seeking bail in the aforesaid sections.
It is contended by learned counsel for the appellant that due to enmity, the appellant has been falsely implicated in the present case. The appellant bears no criminal antecedent and is languishing in jail since 11.10.2018.
None of the aforesaid offences against appellant is punishable with imprisonment for more than seven years. The trial court has not mentioned any condition specified under section 41 of The Code of Criminal Procedure, 1973 essential for detention of the appellant in custody.
Per contra, learned A.G.A., has opposed the prayer for bail and submitted that there is no infirmity or illegality in the order passed by the learned trial court.
Without expressing any opinion on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to allowed.
Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant - Pushpendra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 22.2.2019 Rk