Court No. - 64
Case :- CRIMINAL APPEAL DEFECTIVE No. - 420 of 2021 Appellant :- Shivmurat Gupta Respondent :- State of U.P. and Another Counsel for Appellant :- A.T. Pandey,Mohd. Samiuzzaman Khan,Vipin Kumar Singh Counsel for Respondent :- G.A.,Mahesh Prasad,Ram Chandra
Hon'ble Saumitra Dayal Singh,J.
1. In absence of any objection as to the correctness of the copy of the FIR annexed, defect is deemed cured.
2. Short counter affidavit tiled today is taken on record.
3. Despite service of notice on respondent no. 2, none has appeared on his behalf to oppose the appeal. Accordingly, the appeal is being proceeded on merits.
4. Heard learned counsel for the appellant; learned AGA for the State and perused the material placed on record.
5. 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 appellant with the prayer to set aside the order dated 24.03.2021 passed by Special Judge S.C./S.T. Act, Maharajganj in Special Trial No.257/2020, arising out of case crime no.223 of 2019, under Sections- 3(2)5 SC/ST Act, Police Station- Kotwali, District- Maharajganj, whereby bail application of the appellant has been rejected.
6. At the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Akhilesh Gupta has already been enlarged on bail by this Court in Criminal Appeal No. 5761 of 2019, vide order dated 24.03.2021. For the reasons contained in that order, the present appellant is also entitled to bail. Further, it has been submitted, the appellant has no criminal history.
7. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
8. Having heard learned counsel for the parties and having perused the record, at present, the order passed by the learned court below rejecting the bail application filed by the appellant, cannot be sustained.
9. Without drawing any inference as to facts, in view of the above noted facts & submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant be enlarged on bail at this stage.
10. Accordingly, this appeal is allowed and the impugned order dated 24.03.2021, rejecting the bail of the appellant is set aside.
11. Let the accused-appellant, namely, Shivmurat Gupta, involved in the aforesaid crime be released on bail on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellant shall cooperate in the trial and will not jump the bail.
Order Date :- 23.12.2021 S.Chaurasia