Court No. - 45
Case :- CRIMINAL APPEAL No. - 2339 of 2018 Appellant :- Radhey Shyam Sharma Respondent :- State Of U.P. And Another Counsel for Appellant :- Shyam Sunder Mishra,Chandra Prakash Mishra Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
Counter affidavit has been filed by the learned AGA on behalf of the State, which is taken on record.
Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record.
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 31.03.2018 passed by Additional Sessions Judge/Special Judge (SC/ST Act), Basti, in Case Crime No.667 of 2017, under Sections 406, 419, 420, 467, 468, 504, 506 I.P.C., Section 3(i) (Ga) and 3 (2) (V) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, Police Station- Dubaulia, District Basti.
The allegation against the appellant is that he has taken amount of insurance premium and has not deposited the same and has fabricated false receipts of deposit. It is argued that the applicant is neither agent nor he took any amount from the informant. The case has been registered against the applicant after orders under Section 156 (3) Cr.P.C. The applicant has been falsely implicated in the present case. The appellant is languishing in jail since 16.3.2018. 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 Radhey Shyam Sharma be released on bail in Case Crime No.667 of 2017, under Sections 406, 419, 420, 467, 468, 504, 506 I.P.C., Section 3(i) (Ga) and 3 (2) (V) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, Police Station- Dubaulia, District Basti 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 31.03.2018 passed by Additional Sessions Judge/Special Judge (SC/ST Act), Basti is, hereby, quashed.
The appeal is allowed.
Order Date :- 26.7.2018 Ruchi Agrahari