In Criminal Appeal No. 3025 of 2019, the Court quashed an impugned bail order denying bail to the appellant, Ashok, charged with offences under the IPC and the SC/ST (Prevention of Atrocities) Act. The Court held it was a fit case for bail.
Appellant released on bail with a personal bond and two reliable sureties of the like amount.
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Court No. - 71
Case :- CRIMINAL APPEAL No. - 3025 of 2019
Appellant :- Ashok Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Amit Rai Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant-applicant, Sri Vinod Tripathi, learned counsel for the opposite party no.2 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 08.04.019 passed by learned IInd Additional Session Judge/Special Judge (SC/ST Act), Bijnor in Bail Application No.671 of 2019, (State Vs. Ashok), arising out of Case crime No.35 of 2019, under Sections 308, 323, 504, 506 I.P.C. & 3(1)(Da)(Dha) of SC/ST (Prevention of Cruelty) Act, 1989 (Amendment 2015), P.S. Najibabad, District Bijnor, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellant submitted that the appellant is quite innocent and has been falsely implicated in the present case due to ulterior motive. He submitted that all the offence with which the appellant is charged, are punishable below seven years. He further submitted that the appellant is languishing in jail since 26.01.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
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 appellant-applicant Ashok 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 :- 20.5.2019
R./
2 issues framed by the court
Whether the appeal for bail under Section 14 A (2) of the SC/ST (Prevention of Atrocities) Act, 1989 should be allowed.
Whether the impugned bail order passed by the Special Judge should be set aside in favour of the appellant.
1 provisions across 1 enactments
Ashok
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
