Court No. - 64
Case :- CRIMINAL APPEAL No. - 2940 of 2021 Appellant :- Vinay Patel Respondent :- State of U.P. and Another Counsel for Appellant :- Mamta Sen,Lalit Kumar Gond,Rakesh Prasad,Ram Suphal Shukla Counsel for Respondent :- G.A.,Manoj Kumar Srivastava
Hon'ble Saumitra Dayal Singh,J.
Heard Shri Ram Suphal Shukla, learned counsel for the appellant and Shri Janardhan Prakash, learned AGA for the State.
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 28.06.2021, passed by Special Judge (S.C./S.T. Act)/Upper Sessions Judge, Allahabad in Case Crime No.113 of 2021, under Sections - 304, 328 & 272 I.P.C. and Section 60/63 Abkari Adhiniyam and Section 3(2)V of SC/ST Act, Police Station - Handia, District - Prayagraj, whereby bail application of the appellant has been rejected.
At the outset, learned counsel for the appellant states, co- accused Dileep Patel (named in the FIR) and Brijesh Kushwaha (not named in the FIR), have already been enlarged on bail by this Court in Criminal Appeal Nos. 3030 of 2021 and 4626 of 2021, vide orders dated 8.12.2021 and 15.12.2021 respectively. Also, it has been submitted, criminal history of two cases has been explained.
Accordingly, this appeal is allowed and the impugned order dated 28.06.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Vinay Patel 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 :- 17.12.2021 Prakhar