Court No. - 71
Case :- CRIMINAL APPEAL No. - 2793 of 2019 Appellant :- Vishan Pal Respondent :- State Of U.P. And Another Counsel for Appellant :- Ravindra Sharma Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant, learned A.G.A., for the State and learned counsel for the respondent No. 2. 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 25.02.2019 passed by the IInd Additional District & Sessions Judge/Special Judge, SC/ST (P.A.) Act, Budaun, in Bail Application No.223/2019 (State Vs. Vishan Pal), arising out of Case Crime No.232/2018, under Sections 147, 148, 149, 323, 325, 304, 504, 506 I.P.C. & 3(1)Da, 3(1)Dha, SC/ST (P.A.) Act, P.S. Biswauli, District Budaun, seeking bail in the aforesaid sections.
Learned counsel for the appellant submitted that the appellant is languishing in jail since 28.12.2018. He further submitted that the appellant is innocent and he has been falsely implicated in the present case. He submitted that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. He further submitted that co-accused Satendra has already been enlarged on bail by another Bench of this Court in Criminal Appeal No.5494 of 2018 vide order dated 11.02.2019 and another co-accused Bintu, Vijendra and Deepak @ Subodh Kumar have already been enlarged on bail by another Bench of this Court in Criminal Appeal Nos.6699 of 2019, Criminal Appeal No.6669 of 2019 and Criminal Appeal No.6681 of 2018 respectively, by a common order dated 27.03.2019. The applicant claims parity.
Per contra, learned A.G.A., for the State has opposed the prayer for bail but does not dispute the factum of parity.
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 allowed. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant Vishan Pal be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 29.4.2019 R./