Court No. - 53
Case :- CRIMINAL APPEAL No. - 6156 of 2018 Appellant :- Raju And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Purushottam Mani Tripathi Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit has been filed by learned A.G.A. for the State in the Court today, the same is taken on record.
Heard learned counsel for the parties and perused the record.
This criminal appeal under Section 14A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed on behalf of the appellants, challenging the order dated 25.09.2018 passed by IInd Additional Sessions Judge, Kushinagar at Padrauna, in Bail Application No. 1478 of 2018 (Raju and Another v. State of U.P.), pertaining to S.T. No. 535 of 2016, arising out of Case Crime No. 106 of 2016, under Sections 323, 504, 506 of the Indian Penal Code, 1860 and Section 3(1)(X) of Act, 1989, Police Station - Vishunpura, District - Kushinagar, seeking bail in the aforesaid sections.
Learned counsel for the appellants contended that on a single date i.e. 12.09.2018, the appellants could not appear before the trial court, whereafter non-bailable was issued against them. The appellants surrendered before the trial court on 13.09.2018 and they were on bail by order of trial court.
Without commenting 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. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned order dated 25.09.2018 passed by IInd Additional Sessions Judge, Kushinagar at Padrauna is hereby set aside.
Let the appellants - Raju and Santosh 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 :- 30.1.2019 I. Batabyal