Court No. - 64
Case :- CRIMINAL APPEAL No. - 3089 of 2021 Appellant :- Rihan Respondent :- State of U.P. and Another Counsel for Appellant :- Azad Khan,Ajay Sengar,Amit Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ajay Sengar, learned counsel for the appellant; Sri Ashwani Prakash Tripathi learned AGA for the State and perused the material placed on record.
2. 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 19.5.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Jalaun at Orai, in Case Crime No. 0033 of 2021, under Sections - 147, 379, 504, 506, 427 I.P.C. and Section 3(1)da, 3(1)Dha , S.C./S.T. (Prevention of Atrocities) Act, Police Station - Kotwali Jalaun, District - Jalaun, whereby bail application of the appellant has been rejected.
3. At the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Rizvan and Nafis have already been enlarged on bail by this Court in Criminal Appeal Nos. 1734 of 2021 and 1896 of 2021, vide orders dated 24.8.2021 and 06.9.2021 respectively. For the reasons contained in those orders, the present appellant is also entitled to bail. Further, it has been submitted, the appellant has no criminal history. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
4. Accordingly, this appeal is allowed and the impugned order dated 19.5.2021, rejecting the bail of the appellant is set aside.
5. Let the accused-appellant, namely, Rihan , 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 :- 23.12.2021 Faraz