Court No. - 53
Case :- CRIMINAL APPEAL No. - 5968 of 2018 Appellant :- Sarvesh Kumar Rajbhar @ Damra Respondent :- State Of U.P. And Another Counsel for Appellant :- Sanjay Kumar Yadav,Bharti Mishra Counsel for Respondent :- G.A.
Connected with
Case :- CRIMINAL APPEAL No. - 5977 of 2018 Appellant :- Sandeep Rajbhar Respondent :- State Of U.P. And Another Counsel for Appellant :- Sanjay Kumar Yadav,Bharti Mishra Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Short counter affidavit has been filed by learned A.G.A. for the State in the leading case in the Court today, the same is taken on record.
Heard learned counsel for the parties and perused the record.
These two criminal appeals under Section 14A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') have been filed on behalf of the appellants, challenging the order dated 29.08.2018 passed by Additional Sessions Judge, Court No. 2, Azamgarh, in Bail Application No. 1735 of 2018 (Suraj Rajbhar and others v. State of U.P.), arising out of Case Crime No. 128 of 2018, under Sections 304, 323, 504, 506 of the Indian Penal Code, 1860 and Sections 3(1)(Da), 3(1)(Dha), 3(2)(5A), 3(2)(5) of Act, 1989, Police Station - Didarganj, District - Azamgarh, seeking bail in the aforesaid sections.
As per prosecution version, on 31.07.2018 at about 03.00 P.M., appellants - Sarvesh Kumar Rajbhar alias Damra and Sandeep Rajbhar with co-accused Suraj Rajbhar assaulted Smt. Uma Devi, mother of informant, with blunt object 'lathi-danda' for stopping the engine, due to which, Smt. Uma Devi sustained fatal injuries, which later on resulted into her death.
Learned counsel for the appellants contended that co-accused Suraj Rajbhar, having similar role, has already been admitted to bail vide order dated 07.01.2019 passed by this Court in Criminal Appeal No. - 5898 of 2018 (Suraj Rajbhar v. State of
U.P. and Another). Hence, the present appellants are also entitled to be enlarged on bail on the ground of parity. He further contended that the appellants bear no criminal antecedents and are languishing in jail since 08.08.2018.
Per contra, learned A.G.A. has opposed the prayer for bail and submitted that there is no infirmity or illegality in the impugned order passed by the trial court, however, admitted this fact that role of applicant is similar to that of co-accused Sandeep Rajbhar, who has already been admitted to bail by this Court.
Similarly situated co-accused Suraj Rajbhar has already been admitted to bail by this Court, as mentioned above.
Without commenting 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. It is ordered accordingly.
In the result, the appeals succeed and the same stand allowed. Impugned dated 29.08.2018 passed by Additional Sessions Judge, Court No. 2, Azamgarh is hereby set aside.
Let the appellants - Sarvesh Kumar Rajbhar alias Damra and Sandeep Rajbhar 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 I. Batabyal