Court No. - 53
Case :- CRIMINAL APPEAL No. - 5947 of 2018 Appellant :- Santosh Kumar And 3 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Jeetendra Kumar Sharma,Rajesh Dwivedi Counsel for Respondent :- G.A.,Ram Swaroop
Hon'ble Umesh Chandra Tripathi,J.
List has been revised. Learned counsel for the respondent No. 2 is not present to argue the case.
Heard Sri Jeetendra Kumar Sharma and Sri Rajesh Dwivedi, learned counsels for the appellants, learned A.G.A., for the State and 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 12.9.2018 passed by the Additional Sessions Judge, Fast Track Court No. 1, Auraiya, in Bail Application Nos. 1123 of 2018, 1124 of 2018, 1125 of 2018 and 1126 of 2018 arising out of Case Crime No. 726 of 2018, under Sections 323, 504, 332, 353, 427, 307 of I.P.C., and Section 3 (2) (5) of S.C./S.T. Act, Police Station-Ajeetmal, District-Auraiya, seeking bail in the aforesaid sections.
Learned counsel for the appellants contended that 17 named and 20-25 unknown persons have been implicated in this falsely. None have sustained any grievous injury. Injuries sustained by the injured are simple in nature. Injuries of Shivam and Satish Babu are simple in nature and not dangerous to life. Appellants have no criminal antecedents.
Per contra, learned A.G.A., has opposed the prayer for bail and submitted that there is no infirmity 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 allowed. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellants Santosh Kumar, Vipin Kumar, Ram Naresh and Jitendra Kumar be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 29.1.2019 Jaswant