Court No. - 64
Case :- CRIMINAL APPEAL No. - 3584 of 2021 Appellant :- Rajeev Kumar Prajapati Respondent :- State Of U.P.And Another Counsel for Appellant :- Praveen Kumar Singh,Syed Imran Ibrahim Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Though service report is awaited, upon query made Sri Ashwani Prakash Tripathi learned A.G.A. States that service of the present bail appeal has been effected on opposite party No.
2 on 17.5.2021. None has appeared on behalf of opposite party No. 2 to oppose the bail appeal. Accordingly the bail appeal has been proceeded on merits.
2. Heard Sri Syed Imran Ibrahim, learned counsel for the appellant; Sri Ashwani Prakash Tripathi, learned AGA for the State and perused the material placed on record.
3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 06.2.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Varanasi, in Case Crime No. 368 of 2020, under Sections - 419, 420, 467, 468, 471, 120-B, 34, 504, 506 I.P.C. and Section 3(2)(5) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Cantt., District - Varanasi, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant states, the appellant has already been granted bail in similar accusation made as to another occurrence in Criminal Appeal No. 3374 of 2021 vide order dated 09.12.2021. For the reasons contained in that order as are found applicable to the present case as well, the present appellant is held entitled to bail. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
5. Accordingly, this appeal is allowed and the impugned order dated 06.2.2021, rejecting the bail of the appellant is set aside.
6. Let the accused-appellant, namely, Rajeev Kumar Prajapati, 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 :- 21.12.2021 Faraz