Court No. - 53
Case :- CRIMINAL APPEAL No. - 211 of 2019 Appellant :- Ravendra Singh Yadav @ Ramendra Respondent :- State of U.P. And Another Counsel for Appellant :- Pradeep Kumar Counsel for Respondent :- G.A.,Chandra Bhushan Yadav
Hon'ble Umesh Chandra Tripathi,J.
Vakalatnama filed today by Sri Chandra Bhushan Yadav, Advocate on behalf of the respondent No. 2 is taken on record.
Heard learned counsel for the appellant, learned A.G.A., for the State and learned counsel for the respondent 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 28.11.2018 passed by Special Judge, S.C./S.T. Act/Additional Sessions Judge, Fatehpur in Bail Application No. 2011 of 2018 in Sessions Trial No. 71 of 2017 arising out of Case Crime No. 112 of 2017, under Sections- 352, 307, 504, 506 I.P.C. and Section 3(2)(5) and 3(2) 5ka S.C./S.T. Act, Police Station- Hathgawn, District- Fatehpur seeking bail in the aforesaid sections.
Learned counsel for the appellant contended that first information report has been lodged with false allegation. As per allegation of first information report, appellant has fired on informant but informant has sustained no firearm injury. He further contended that the appellant has no criminal antecedent and he is languishing in jail since 24.11.2018.
Learned A.G.A., and learned counsel for the respondent no. 2 further contended that there is no infirmity in the impugned order passed by the trial court.
Without expressing any opinion 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. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant, Ravendra Singh Yadav @ Ramendra, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 22.1.2019 Rohit