CRLAD/865/2021 of HARIRAM Vs State of U.P. AND ANOTHER on 24 December 2021

1. Exemption granted. Criminal Misc. Exemption Application No. 01 of 2021 is allowed.

2. Heard Shri Amit Kumar Shukla, learned counsel for the appellant and Shri AshwiniPrakash Tripathi, learned AGA for the State. Prakash Tripathi, learned AGA for the State.

3. This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferredby the appellant with the prayer to set aside the order dated 17.11.2021, passed by SpecialJudge, S.C./S.T. (P.A.) Act, Court no.2, Shahjahanpur, in Case Crime No. 488 of 2021, underSections - 147, 148, 149, 323, 308, 304, 504, 506, 352, 427, 325 I.P.C. and Section - 3(2)(5)SC/ST (Prevention of Atrocities) Act, Police Station - Kanth, District - Shahjahanpur,whereby bail application of the appellant has been rejected.

4. Though status of the service of notice on respondent no.2 is not clear, at the outset, learnedcounsel for the appellant states, in exact similar allegations, co-accused Ashok Kumar hadbeen granted bail by this Court in Criminal Appeal No. 4960 of 2021 vide order dated21.12.2021, after hearing learned counsel for the informant. Also, co-accused Roopram;Mukesh Kumar; Umesh Kumar and; Vimal Kumar have already been enlarged on bail by thisCourt in Criminal Appeal Nos. 4515 of 2021; 4450 of 2021; 4489 of 2021 and; 4486 of 2021,vide orders dated 13.12.2021 and last three orders dated 9.12.2021 respectively. Those ordersare passed after service of notice on the informant. Also, it has been submitted, the appellanthas no criminal history.

5. Accordingly, this appeal is allowed and the impugned order dated 17.11.2021 rejecting thebail of the appellant is set aside.

6. Let the accused-appellant, namely, Hariram involved in the aforesaid crime be released onbail on his furnishing personal bonds and two sureties each of the like amount to thesatisfaction of Court concerned subject to the condition that appellant shall cooperate in thetrial and will not jump the bail.