Court No. - 64
Case :- CRIMINAL APPEAL No. - 4223 of 2019 Appellant :- Sarvesh Rai Respondent :- State of U.P. and Another Counsel for Appellant :- Pankaj Kumar Rai,Kalp Dev Mishra,Pradeep Kumar Counsel for Respondent :- G.A.,Ajay Singh,Sunil Sharma
Hon'ble Saumitra Dayal Singh,J.
1. Heard Mr. Kalp Dev Mishra, learned counsel for the appellant; learned counsel for the informant and; learned AGA for the State.
2. This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 15.5.2019 passed by Special Judge, SC/ST (P.A.) Act, Ghazipur in Case Crime No. 22 of 2019, under Sections 307, 323, 352, 504, 506 IPC and Section 3(2)5 of SC/ST Act, Police Station Bhanwarkol, District Ghazipur, whereby bail application of the appellant has been rejected.
3. At the outset, learned counsel for the appellant states, co- accused Yogesh Kumar Rai @ Sonu Rai who had been assigned similar role of exhortation, has already been enlarged on bail by this Court in Criminal Appeal No. 2806 of 2019 vide order dated 17.11.2021.
4. On the other hand, learned counsel for the informant submits that the applicant had played an active role in the commission of offence. He has long criminal history of seven cases though such criminal history has been admitted to be explained, by means of supplementary affidavit.
5. Having heard learned counsel for the parties and having perused the record, it is seen, criminal history of the appellant is for the period 2017 to 2019 involving cases under Section 302 IPC (one case) and Section 307 IPC (two cases). Parity thus claimed by learned counsel for the appellant is denied.
6. In view of the the criminal history noted above, no interference is warranted at this stage.
7. Accordingly, the present appeal is dismissed.
Order Date :- 22.12.2021 Prakhar