Bhola Prajapati vs State Of U.P. And Another
2021 Latest Caselaw 4188 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 88
 

 
Case :- CRIMINAL APPEAL No. - 49 of 2021
 

 
Appellant :- Bhola Prajapati
 
Respondent :- State Of U.P. And Another
 
Counsel for Appellant :- Rajiv Dwivedi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Arvind Kumar Mishra-I,J.

Notice has been served upon opposite party no.2, however, no one responds on his behalf.

Heard learned counsel for the appellant and learned A.G.A. for the State and perused the material brought on record of this appeal.

Admit.

Summon the trial court record.

Instant appeal has been filed under Section 14A (i) SC/ST (Prevention of Atrocities) Act, 1989 (Amended Act, 2015) against the judgment and conviction order dated 21.11.2020, passed by Special Judge SC/ST (P.A.) Act/Special Judge, D.A.A., Chitrakoot in Special Trial SC/ST 177 of 2017, State versus Bhola Prajapati, under Sections 323, 504 I.P.C. and 3(1)(dha) SC/ST (PA) Act, 1989, Police Station - Rajapur, District - Chitrakoot.

It has been contended on behalf of the appellant that the impugned order dated 21.11.2020 is not based on material on record and thus the same is not legally justified. The appellant is on interim bail. During the trial, the appellant was also on interim bail. The appellant undertakes to file a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further submitted that chances of appeal being heard in near future is extremely bleak.

Learned A.G.A. has vehemently opposed the bail prayer of the appellant.

Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future,

I consider it appropriate to release the appellant on bail.

Let the appellant - Bhola Prajapati be enlarged on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of trial Judge concerned in the above sessions trial number for the above offences.

As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.

The appellant is allowed one month time to deposit entire amount of fine awarded to him.

Order Date :- 19.3.2021

S Rawat