Court No. - 64
Case :- CRIMINAL APPEAL No. - 5142 of 2021 Appellant :- Suraj Sharma Alias Suraj Kumar Sharma Respondent :- State of U.P. and Another Counsel for Appellant :- Hari Narayan Singh, Pradeep Kumar Singh Counsel for Respondent :- G.A., Sudhir Kumar Tripathi
Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Hari Narayan Singh, learned counsel for the appellant; Shri Janardhan Prakash, learned AGA for the State and Shri Sudhir Kumar Tripathi, learned counsel for the informant.
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 04.08.2021 passed by learned Special Judge (SC/ST Act)/ Additional Sessions Judge, Gorakhpur in Bail Application No. 1341 of 2021 in Special Sessions Trial No. 02 of 2021, arising out of Case Crime No. 686 of 2020, under Sections 307, 504 IPC and Section 3(2)(5) of SC/ST Act, Police Station Rajghat, District Gorakhpur.
3. At the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Vikram Sharma Alias Vikramjeet Sharma has already been enlarged on bail by this Court in Criminal Appeal No. 3707 of 2021 vide order dated 1.10.2021. Also, it has been submitted, the appellant has no criminal history.
4. Accordingly, this appeal is allowed and the impugned order dated 04.08.2021 rejecting the bail of the appellant is set aside.
5. Let the accused-appellant, namely, Suraj Sharma Alias Suraj Kumar Sharma 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 appellants shall cooperate in the trial and will not jump the bail.
Order Date :- 17.12.2021 Prakhar