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2025 DAILYLAW 117442 (ALL)

SUJIT KUMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

CRLA/191/2025 · 2025-02-11

Karunesh Singh Pawar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 16 Case :- CRIMINAL APPEAL No. - 191 of 2025 Appellant :- Sujit Kumar Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Appellant :- Lal Bahadur Khan,Shashi Dhar Pathak Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. Order on Appeal List this appeal on it turn and the appellant shall cooperate for disposal of this appeal and shall appear as and when it required. Order on Application for Bail Heard learned counsel for the appellant-applicant learned A.G.A. for the State and perused the lower court record. None appears for the complainant. This bail application has been moved on behalf of applicant, who was convicted by the judgment and order dated 02.01.2025 passed by Special Judge SC/ST Act, Raebareli in Second Bail Application No.3368/2024, arising out of Case Crime No.300 of 2024, under Sections 376-D, 328, 506 IPC and Sections 3(2) (5) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Bachhrawan, District Raebareli. Learned counsel for applicant has submitted that the applicant is innocent and has falsely been implicated in this case. He submits that co-accused persons namely, Chheda Lal @ Chheda, Chandra Raj @ Chandra, Gheesa Ram Yadav @ Dasiram who were assigned the similar role have been enlarged on bail by this Court vide orders dated 10.12.2024, 05.12.2024, 19.12.2024. It is submitted that the statement of the victim under Sections 161 & 164 Cr.P.C. are at variance. Applicant seeks parity with the bail orders of aforesaid co-accused persons. The applicant is in jail since 13.05.2024. It is further submitted that there is no likelihood that this appeal may be heard in near future whereas the speedy justice is the fundamental rights of the applicant. The applicant has every hope of success in the appeal. Learned A.G.A. has opposed prayer for bail but has admitted the aforesaid position. On due consideration to the statement of the victim under Sections 161 & 164 Cr.P.C., statement before the doctor, medical examination report, period of incarceration gone into by the applicant so also the bail orders of co-accused persons namely, Chheda Lal @ Chheda, Chandra Raj @ Chandra, Gheesa Ram Yadav @ Dasiram (supra), role assigned to the present applicant and without expressing any opinion on the merits of the case, I find it a fit case for enlarging the applicant on bail. Accordingly, bail application is allowed. Let applicant Sujit Kumar Yadav be released on bail in the aforesaid sessions trial on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The copy of bail bonds be furnished to this Court after accepting it by the C.J.M./court concerned. It is made clear that amount of fine is not stayed. Order Date :- 11.2.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench