Court No. - 45
Case :- CRIMINAL APPEAL No. - 7738 of 2017 Appellant :- Udaiveer @ Baba Yadav Respondent :- State Of U.P. & Another Counsel for Appellant :- Virendra Singh Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
This criminal appeal has been filed by the learned counsel for the applicant/appellant under Section 14-A (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 2015 for setting aside the impugned order dated 03.11.2017 passed by Special Judge, SC/ST Act, Etawah whereby the Bail Application No. 1289 of 2017 (Udaiveer @ Baba Yadav Vs. State of U.P.) of the applicant/appellant has been rejected, arising out of Case Crime No. 365 of 2017, under Sections 386, 504, 506 I.P.C. & Section 3(1)R,S,M,Z @ Section 3(2)(V) S.C./S.T. Act, Police Station- Bharthana, District- Etawah.
As per office report dated 30.07.2018, counter affidavit has been filed and placed on record.
Counter affidavit filed on behalf of the State, it has been mentioned in para-3 that notice to opposite party no. 2 has been served, but no one has appeared to oppose this appeal preferred by the applicant/appellant.
Heard learned counsel for the applicant/appellant and learned A.G.A. for the State and perused the record.
It has been argued by the learned counsel for the applicant/appellant that the informant has not identified the applicant/appellant in his statement during trial, the statement of the informant recorded as P.W.-1 has been brought on record by way of Annexure -1 in the rejoinder affidavit. The applicant/appellant is in jail since 22.06.2017. The counsel for the applicant/appellant has disclosed the criminal history of the applicant/appellant in paragraph- 18 of the affidavit in support of the bail application in the appeal, it consists of 36 cases.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant/appellant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the applicant/appellant, I am of the opinion that the applicant/appellant is entitled to be released on bail.
Let the applicant/appellant Udaiveer @ Baba Yadav be released on bail in Case Crime No. 365 of 2017, under Sections 386, 504, 506 I.P.C. & Section 3(1)R,S,M,Z @ Section 3(2)(V) S.C./S.T. Act, Police Station- Bharthana, District- Etawah, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned. The impugned order dated 03.11.2017 passed by Special Judge, SC/ST Act, Etawah is, hereby, quashed.
The appeal is allowed.
Order Date :- 31.7.2018 Rohit