Court No. - 64
Case :- CRIMINAL APPEAL No. - 5546 of 2021 Appellant :- Tejbahadur Respondent :- State of U.P. and Another Counsel for Appellant :- Satya Prakash Singh Counsel for Respondent :- G.A.,Ravindra Prakash Srivastava
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Satya Prakash Singh, learned counsel for the appellant; Sri Ravindra Prakash Srivastava, learned counsel for the informant; Sri Ankit Srivastav, learned AGA for the State and perused the material placed on record.
2. 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 28.09.2021, passed by learned Exclusive Special Judge S.C./S.T. (Prevention of Atrocities) Act, Basti, in Case Crime No. 211 of 2021, under Sections - 147, 149, 323, 504, 325 and 427 I.P.C. and Sections 3(1)(Da), (Dha) and 3(2)(5Ka) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Parasrampur, District - Basti, whereby bail application of the appellant has been rejected.
3. At the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Asharam, Jung Bahadur, Durga Prasad, Devtadeen and Angad have already been enlarged on bail by this Court in Criminal Appeal Nos. 5511 of 2021, 5273 of 2021, 5512 of 20214821 of 2021 and 812 of 2021, vide three orders dated 10.12.2021 and two orders dated 13.12.2021 respectively. For the reasons contained in those orders, the present appellant is also entitled to bail. Further, it has been submitted, the appellant has no criminal history. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
4. Accordingly, this appeal is allowed and the impugned order dated 28.09.2021, rejecting the bail of the appellant is set aside.
5. Let the accused-appellant, namely, Tejbahadur, 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 :- 24.12.2021 Abhilash