Court No. - 53
Case :- CRIMINAL APPEAL No. - 5594 of 2018 Appellant :- Sanjai Gupta Respondent :- State Of U.P. And Another Counsel for Appellant :- Harish Chandra Yadav Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard 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 4.9.2018 passed by Special Judge, SC/ST (P.A.) Act/A.D.J., Fatehpur, in Bail Application No. 1440 of 2018, arising out of Special Session Trial No. 79 of 2018 as Case Crime No. 649 of 2018, under Sections 354B, 452, 507 of the Indian Penal Code, 1860 and Section 3(1)(da) (dha) and 3(1)B of S.C./S.T. Act, Police Station - Kotwali, District - Fatehpur, seeking bail in the aforesaid sections.
Learned counsel for the appellant contended thatthe appellant has been falsely implicated due to enmity. He is in jail since 31.7.2018.
Per contra learned A.G.A. has opposed the prayer for bail and submitted that there is no infirmity or illegality in the order passed by the learned 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 be allowed.
Accordingly, the appeal is allowed and the aforementioned impugned order is hereby set aside.
Let the appellant Sanjai Gupta 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 :- 29.1.2019 Manish Tripathi