This appeal challenged the rejection of a bail application under the SC/ST Act. Akmiting the facts, the bench allowed the appeal, set aside the impugned bail rejection order, and released the appellant on bail.
The order dated 28.9.2018 rejecting bail was set aside; appellant released on bail with personal bond and two sureties.
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Court No. - 71
Case :- CRIMINAL APPEAL No. - 2974 of 2019
Appellant :- Ramdeen Mayrya Respondent :- State Of U.P. And Another Counsel for Appellant :- Vimlendu Tripathi Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Counter and rejoinder affidavits filed today, are taken on record.
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 28.9.2018 passed by Special Judge (SC/ST Act), Allahabad in Bail Application No.4218 of 2018(Ramdeen Maurya Vs. State), arising out of Case Crime No.116 of 2018, under Sections 307, 308, 323, 302 of the Indian Penal Code, 1860 (for short 'IPC') and Section 3(2)(v) of SC/ST Act, Police Station Colonelganj, District Allahabad, 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 appellant has not been named in the FIR and his name came into the statement of witness during investigation. He further submitted that the co-accused Vijay Shankar Singh having similar role, has already been granted bail vide order dated 14.2.2019 passed by another Bench of this Court in Criminal Appeal No.6002 of 2018. Lastly he submitted that the appellant is languishing in jail since 12.2.2018, having no criminal history. Hence, the present appellant is also entitled to be enlarged on bail on the ground of parity.
Learned AGA has opposed the bail plea. However, learned AGA does not dispute the factum of parity.
Without commenting on the merits of the case, considering the facts and circumstances of the case and considering the period of detention in jail, this Court is 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 28.9.2018 passed by Special Judge (SC/ST Act), Allahabad, is hereby set aside.
Let the appellant Ramdeen Mayrya be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties in the like amount to the satisfaction of the court concerned
Order Date :- 7.5.2019 Mini
2 issues framed by the court
Whether the criminal appeal challenging the rejection of bail in an execution of a sentence proceeding under the SC/ST Act deserves to be allowed.
Whether the appellant is entitled to bail on the ground of parity with a co-accused.
1 provisions across 1 enactments
Ramdeen Mayrya
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
