Court No. - 53
Case :- CRIMINAL APPEAL No. - 5656 of 2018 Appellant :- Sachin Kashyap Respondent :- State Of U.P. And Another Counsel for Appellant :- P.K. Singh,Devendra Pratap Singh,Kamlesh Kumar Tripathi Counsel for Respondent :- G.A.,Shive Datta Yadav
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri P.K. Singh, learned counsel for the appellant and learned A.G.A. for the State of U.P. in opposition.
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 appellant challenging the order dated 10.9.2018 passed by IInd Additional Sessions Judge/Special Judge, SC/ST Act, Kanpur Nagar, in Bail Application No. 2555 of 2018, arising out of Case Crime No. 178 of 2018, under Section 306 of the Indian Penal Code, 1860 and Section 3(2)(5) of S.C./S.T. Act, Police Station - Kakadeo, District - Kanpur Nagar, seeking bail in the aforesaid sections.
As per prosecution version on 23.5.2018 at about 3 p.m. victim aged about 18 years, daughter of informant committed suicide in room of her residence and as per allegation appellant has stopped several times to the victim while she was going to coaching. He made telephonic call to her. When Karan, brother of victim objected the applicant, he committed mar-peet with him.
Learned counsel for the appellant contended that from perusal of FIR no offence under Section 306 IPC is made out against the appellant. There is no evidence to show that the appellant has abated suicide of the victim. Appellant has no criminal antecedent. He is languishing in jail since 25.5.2018.
Per contra learned A.G.A. and learned counsel for the respondent No.2 have opposed the prayer for bail and submitted that there is no infirmity or illegality in the order passed by the learned trial court. Learned counsel for the respondent No.2 further contended that appellant has threatened to upload the photo of the victim on the social media.
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 be allowed.
Accordingly, the appeal is allowed and the aforementioned impugned order is hereby set aside.
Let the appellant Sachin Kashyap be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties in the like amount to the satisfaction of the court concerned.
Order Date :- 30.1.2019 Manish Tripathi