Court No. - 50
Case :- CRIMINAL APPEAL No. - 302 of 2021 Appellant :- Rakesh Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Pradeep Kumar Tripathi,Bipin Kumar Tripathi Counsel for Respondent :- G.A.,Ashish Pandey
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, Sri Ashish Pandey, learned counsel for the informant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 08.01.2021, passed by Special Judge, Special Court (SC/ST Act), Gorakhpur in Special Session Trial No. 1179 of 2020, arising out of Case Crime No. 1157 of 2020, under Section - 302 I.P.C. and Sections - 3(2)5 S.C./S.T. Act, Police Station - Gulriha, District - Gorakhpur.
Crux contention raised before this Court is that it is a circumstantial based case. The incident relates to 15.10.2020 around 4:00 p.m. and it is stated that three persons including the appellant came to the house of the deceased and took him away. Appellant is innocent and has been falsely implicated in this case. In fact, the deceased was having affair with one girl and that was the motivating and impelling factor from Ramkesh Yadav, the another co- accused to commit the crime in question. The applicant being the friend of Ramkesh Yadav has been deliberately roped-in in this case. Point of this case is that Ramkesh Yadav, the principle offender has already been admitted to bail by co-ordinate Bench of this Court in Criminal Appeal No. 287 of 2021, vide order dated 1.10.2021. In case, the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 17.10.2020.
Sri Ashish Pandey, learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail of the appellant.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant has been rejected, impugned herein this appeal.
Nothing convincing has been argued on behalf of the complainant/State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 08.01.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant - Rakesh Yadav involved in the aforesaid case crime number for the aforesaid offences 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 :- 29.10.2021 S Rawat