Court No. - 14
Case :- CRIMINAL APPEAL No. - 364 of 2018 Appellant :- Vinod Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Anjani Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the appellant-applicant, learned A.G.A., for the State and 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 2.1.2018 passed by the Additional Sessions Judge, (S.C./S.T. Act) Court No. 4, Maharajganj, in Bail Application No. 68 of 2017 (Vinod Yadav Vs. State of U.P.) arising out of Case Crime No. 1484 of 2017, under Sections 323, 302, 504 of I.P.C., and Section 3 (1) (da) of S.C./S.T. Act, Police Station-Kannauj, District-Kannauj, seeking bail in the aforesaid sections.
As per prosecution version, on 12.11.2017 at about 11:30 PM an alternation took between Pyarelal and applicant, Sher Singh, Mange Savita. Applicant and co-accused started beating Pyarelal. When Dharam Singh tried to escape, on the exhortation of applicant (Vinod Yadav) and co-accused Mange Savita, co-accused Sher made fire on Dharam Singh. Due to that, Dharam Singh sustained injuries and died.
Learned counsel for the appellant-applicant contends the incident in question has taken place suddenly. He further contends that role of causing fire arm injury to the deceased is not assigned to the appellant-applicant. Appellant-applicant is in jail since 11.12.2017.
Per contra, learned A.G.A., has opposed the prayer for bail and submitted that there is no infirmity or illegality in the order passed by the learned trial court.
Without expressing any opinion on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to be allowed.
Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant-applicant Vinod Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 26.2.2018 Jaswant