Court No. - 64
Case :- CRIMINAL APPEAL No. - 2718 of 2021 Appellant :- Vimlesh Devi @ Nanachi Respondent :- State of U.P. and Another Counsel for Appellant :- Rajesh Kumar Mishra Counsel for Respondent :- G.A.,Devi Prasad Singh,Manoj Kumar Srivastava
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rajesh Kumar Mishra, learned counsel for the appellant; Sri Arvind Singh Patel learned counsel holding brief of learned counsel for the informant; Sri Janardan Prakash, 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 25.3.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Deoria, in Case Crime No. 113 of 2021, under Sections - 304, 328, 272 I.P.C. and Section 3(2)(V) S.C./S.T. (Prevention of Atrocities) Act and Section 60/63 Excise Act, Police Station - Bhatani, District - Deoria, 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 Dileep Patel has already been enlarged on bail by this Court in Criminal Appeal No. 3030 of 2021, vide order dated 08.12.2021. 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. Also, it has been submitted, the allegations of violation under SC/ST Act are general and made to lend colour to the story.
4. Accordingly, this appeal is allowed and the impugned order dated 25.3.2021, rejecting the bail of the appellant is set aside.
5. Let the accused-appellant, namely, Vimlesh Devi @ Nanachi, involved in the aforesaid crime be released on bail on her 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 :- 17.12.2021 Faraz