Court No. - 71
Case :- CRIMINAL APPEAL No. - 3236 of 2019 Appellant :- Sanjoo Yadav Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Manish Yadav Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant and learned A.G.A. for the State. 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 1.4.2019 passed by learned Special Judge (SC/ST Act)/2nd Additional Sessions Judge, Firozabad in Bail Application No.815 of 2019 (Sanjoo Yadav Vs. State of U.P.), arising out of Case Crime No.788 of 2018, under Sections 307, 323, 324, 504, 506 IPC and Section 3(2)5 of SC/ST Act, Police Station Shikohabad, District Firozabad, seeking bail in the aforesaid sections.
Learned counsel for the appellant has submitted that the appellant is quite innocent and has been falsely implicated in the present case. He further submitted that the role of firing has been assigned to the co-accused Devendra @ D.K and the role assigned to the present accused only to commit marpeet. He further submitted that no recovery was made from the possession or pointing out of the appellant. Lastly he submitted that the appellant is languishing in jail since 6.2.2019 and in case he is released on bail, he will not misuse the liberty of bail and he will cooperate in trial.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant Sanjoo Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 30.5.2019 Mini