Court No. - 71
Case :- CRIMINAL APPEAL No. - 3384 of 2019 Appellant :- Vinod Tiwari @ Vinod Kumar Tiwari Respondent :- State Of U.P.
Counsel for Appellant :- Amit Kumar Singh,Indra Kumar Chaturvedi Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the appellant-applicant and learned A.G.A. for the State. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 15.4.2019 passed by learned Second Additional Session Judge/Special Judge (SC/ST Act), Ballia in Bail Application No. 722 of 2019 arising out of Case Crime No.146 of 2019, under Sections 353, 332, 504, 506, 323, 427 IPC and Section 7 Criminal Law Amendment Act and 3(1)Da, 3(1)Dha, 3(2)(Va) of SC/ST Act, Police Station Kotwali, District Ballia, seeking bail in the aforesaid sections.
Learned counsel for the appellant has submitted that the present appellant is quite innocent and has been falsely implicated in the present case. He further submitted that all the offences (except SC/ST Act )which have been alleged to have been committed by the accused are punishable less than seven years. He further submitted that the criminal history of the appellant has been explained in paragraph no. 18 of the supplementary affidavit. Lastly he submitted that the appellant is languishing in jail since 1.4.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant Vinod Tiwari @ Vinod Kumar Tiwari be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 30.5.2019 Mini