Court No. - 64
Case :- CRIMINAL APPEAL No. - 5545 of 2021 Appellant :- Sharafat Ali And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Zaid Arshad Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Though service report is awaited, upon query made, learned AGA states, written instructions have been received by him, amongst others, as to service effected on respondent no.2 on 06.11.2021. None has appeared on his/her behalf. Accordingly, the matter has been proceeded on merits.
2. Heard Sri Zaid Arshad, learned counsel for the appellants; Sri Ankit Srivastav, learned AGA for the State and perused the material placed on record.
3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellants with the prayer to set aside the order dated 18.10.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Saharanpur, in Case Crime No. 174 of 2021, under Sections - 306/34 I.P.C. and Section 3(2)(5) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Kaundhiyara, District - Prayagraj, whereby bail application of the appellants have been rejected.
4. In similar facts, by a separate order passed today in Criminal Appeal No. 5544 of 2021, that appeal has been allowed. In view of similarity of facts, present appeal is also allowed on the same terms and conditions. Accordingly, the impugned order dated 18.10.2021, rejecting the bail of the appellants is set aside.
5. Let the accused-appellants, namely, Sharafat Ali and Shakhawat, involved in the aforesaid crime be released on bail on their furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellants shall cooperate in the trial and will not jump the bail.
Order Date :- 23.12.2021 Abhilash