Court No. - 53
Case :- CRIMINAL APPEAL No. - 7571 of 2018 Appellant :- Raju And Anr.
Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Shivam Singh,Satyendra Pratap Singh 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 28.11.2018 passed by IInd Additional Sessions Judge/Special Judge (SC/ST Act), Pilibhit, in Bail Application No. 2428 of 2018 (Raju and Another v. State of U.P.), arising out of Case Crime No. 372 of 2018, under Sections 452, 354, 504, 506 of the Indian Penal Code, 1860 and Section 3(2)(VA) of Act, 1989, Police Station - Madhotanda, District - Pilibhit, seeking bail in the aforesaid sections.
Learned counsel for the appellants contended that the appellants have been falsely implicated in the present case. The appellants have no criminal antecedents and are languishing in jail since 12.11.2018.
Per contra, learned A.G.A. has opposed the prayer for bail and submitted that there is no infirmity or illegality in the impugned order passed by the trial court.
None of the aforesaid offences against the appellants is punishable with imprisonment for more than seven years.
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 28.11.2018 passed by IInd Additional Sessions Judge/Special Judge (SC/ST Act), Pilibhit is hereby set aside.
Let the appellants - Raju and Balvindar Singh be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.1.2019 I. Batabyal