Pappu Kushwaha Vs State of U.P. and Another

Court No. - 71

Case :- CRIMINAL APPEAL No. - 2132 of 2019

Appellant :- Pappu Kushwaha Respondent :- State Of U.P. And Another Counsel for Appellant :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material on record.

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This criminal appeal under Section 14 A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 22.2.2019 passed by learned Addl. Sessions Judge No.2/Special Judge Chandauli in Bail Application No. 240 of 2018 arising out of Case Crime no. 40 of 2018 under sections 323, 325, 504 , 506 I.P.C. and Section 3(1)(r) of SC/ST Act, P.S. PS. Chakia, District Chandauli, seeking bail in the aforesaid sections.

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Learned counsel for the appellant submitted that earlier the accused was granted interim bail by another bench of this Court as all the alleged offences are punishable with imprisonment below seven years.

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Learned A.G.A. opposed the prayer for bail.

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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.

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In the result, the appeal succeeds and the same stands allowed. Impugned order dated 22.2.2019 passed by learned Addl. Sessions Judge No.2/Special Judge Chandauli is hereby set aside.

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Let the applicant-appellant, Pappu Kushwaha be released on

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bail in the aforesaid case crime number on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 14.5.2019 Rk

Pappu Kushwaha v. State of U.P. and Another

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Pappu Kushwaha v. State of U.P. and Another

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