Court No. - 71
Case :- CRIMINAL APPEAL No. - 3231 of 2019 Appellant :- Raj Kumar Yadav Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Karan Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant-applicant and learned A.G.A. for the State. Despite the service of notice, no one has appeared on behalf of the opposite party no.2. 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 09.04.2019 passed by 2nd Additional Sessions Judge/Special Judge (SC/ST Act), Jhansi in Bail Application No.695 of 2019, (Raj Kumar Yadav Vs. State of U.P.), in Special Trial No.764 of 2018, arising out of Case Crime No.43 of 2018, under Sections 147, 148, 149, 323, 504, 506, 427, 452, 325 I.P.C. & 3(1)Da, Dha of SC/ST Act, P.S. Raksa, District Jhansi, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellant submitted that the appellant has been falsely implicated in the present case due to ulterior motive. He further submitted that all the offences are punishable below seven years. He submitted that the appellant is in jail since 02.04.2019 and in case, he is enlarged on bail he will not misuse the liberty of bail and will cooperative in the trial.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant-applicant Raj Kumar Yadav be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 29.5.2019 R./