Court No. - 71
Case :- CRIMINAL APPEAL No. - 3627 of 2019 Appellant :- Yogendra Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Ved Prakash Pathak,Ashvni Mishra,Devendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard Sri Devendra Kumar Yadav, learned counsel for the appellant, learned A.G.A., for the State.
Perused the record.
The Criminal Appeal filed under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 4.1.2019 passed by Additional District and Sessions Judge 2nd/Special Judge, SC/ST Act, Aligarh in Criminal Misc. Bail Application No.50 of 2019 (Gogendra Vs. State of U.P.), arising out of Case Crime No.209 of 2018, under Sections 363, 366, 34, 328, 504, 506 IPC and Section 3(2)5 of SC/ST Act, Police Station Palimukimpur, District Aligarh, seeking bail in the aforesaid sections.
Learned counsel for the appellant contended that he has been falsely implicated in the present case. He further submitted that the co-accused Vikas, having similar role, has already been admitted to bail vide order dated 30.3.2019 passed by another Bench of this Court in Criminal Appeal No.85 of 2019. Hence, the present appellant is also entitled to be enlarged on bail on the ground of parity. Lastly he submitted that the appellant is languishing in jail since 23.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the period of detention in jail, 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 Yogendra 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 :- 29.5.2019 Mini