Court No. - 71
Case :- CRIMINAL APPEAL No. - 2806 of 2019 Appellant :- Yogesh Kumar Rai @ Sonu Rai Respondent :- State Of U.P. And Another Counsel for Appellant :- Amit Kumar Rai,Rajeev Giri Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the parties and perused the record.
This criminal appeal under Section 14A(2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed on behalf of the appellant, challenging the order dated 27.3.2019 passed by the Additional Sessions Judge IInd/Special Judge (SC/ST Act), Ghazipur in Bail Application No. 37 of 2019 (Yogesh Kumar Rai @ Sonu Rai Vs. State of U.P.) arising out of Crime No.022 of 2019, under Sections 307, 323, 352, 504, 506 of the Indian Penal Code, 1860 (for short 'IPC') and Section 3(2)(V) of SC/ST Act, Police Station Bhanvarkol, District Ghazipur, by which the appellant seeking bail in the aforesaid sections.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to village party bandi. He has further stated that the present accused Yogesh Kumar Rai @ Sonu Rai has been assigned the role of exhortation and the role of firing upon injured Sachin Ram has been assigned to other co- accused Ashutosh Rai and Sarvesh Rai. Lastly he submitted that the appellant is languishing in jail since 16.3.2019 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 opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
Without commenting 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. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned order dated 27.3.2019 passed by the Additional Sessions Judge IInd/Special Judge (SC/ST Act), Ghazipur, is hereby set aside.
Let the appellant-Yogesh Kumar Rai @ Sonu Rai be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 30.4.2019 Mini