Criminal Appeal against rejection of bail application under the SC/ST Act. The single judge held it to be a fit case for bail, setting aside the impugned order and granting bail to the appellants upon furnishing bond and sureties.
Appellants released on bail on furnishing personal bond and two reliable sureties each.
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Court No. - 71
Case :- CRIMINAL APPEAL No. - 2997 of 2019
Appellant :- Girish And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Surendra Mohan Mishra Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit has been filed, is taken on record.
Heard learned counsel for the appellant-applicant and learned A.G.A. for the State. 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 03.04.2019 passed by learned Special Judge, SC/ST Act, Siddharth Nagar in Bail Application No.310/2019, being Case Crime No.192/2015, under Section 376 I.P.C. & Section 3 (2)5 SC/ST Act, P.S. Golhaura, District Siddharth Nagar, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellants submitted that the appellants have been falsely implicated to extract illegal money from the appellants. He submitted that it is quite strange that four real brothers would commit gang rape with a lady. F.I.R. version is false and frivolous, which is not probable in normal human conduct. He further submitted that initially the first information report was registered and police after investigation submitted the final report. The learned trial court rejected the protest petition and summoned the accused. He submitted that co-accused, Ramlaut has been enlarged on bail by another Bench of this Court in Criminal Appeal No.3460 of 2017 vide order dated 01.09.2017. He further submitted that the appellants are in jail since 25.03.2019.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, 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 appellants Girish and Dharmesh Upadhyay 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 :- 3.5.2019
R./
1 issue framed by the court
whether the appellants seeking bail under Section 14(2) of the SC/ST Act are a fit case for bail given the gravity of the offence.
1 provisions across 1 enactments
Girish And Another
State Of U.P. And Another
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
