Court No. - 71
Case :- CRIMINAL APPEAL No. - 3998 of 2019 Appellant :- Raheesh Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Sunil Vashisth Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
(Order on Memo of Appeal) Matter requires consideration. Admit.
Learned A.G.A. has accepted notice on behalf of the State/respondent no.1.
As per provision of Section 15(A)(3) of SC/ST Act, learned A.G.A. shall inform the victim/his dependent about the proceedings of this case.
Learned A.G.A. is directed to file objection/counter affidavit stating evidence against the appellant within four weeks.
List this matter on 18.7.2019.
(Order on interim Bail Application) 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 has been filed challenging the order dated 7.5.2019 passed by the Second Additional Sessions Judge in Case Crime No.297 of 1993, under Sections 379, 411, 295, 504, 506 IPC and Section 3(1)10 of SC/ST Act, Police Station Pakbara, District Moradabad, seeking interim bail in the aforesaid sections.
Learned counsel for the appellant submitted that the appellant be released on interim bail during pendency of appeal. He further submitted that the appellant is in jail since 7.5.2019.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for interim bail.
None of the aforesaid offences against appellant is punishable with imprisonment for more than seven years.
Accordingly, in view of the order dated 31.10.2017 passed by this Court in Criminal Appeal No. 6137 of 2017 (Raju @ Rajeev Vs. State of U.P. and another) and looking into the facts of the case, it is appropriate to enlarge the appellant on bail during pendency of appeal. Let appellant Raheesh be released on interim bail in the aforesaid case crime number during the pendency of the appeal on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 31.5.2019 R./