(Kurian Joseph and Mohan M. Shantanagoudar, JJ.)
Abhishek Tripathi __________________________________ Appellant;
v.
State of Uttar Pradesh ____________________________ Respondent.
Criminal Appeal Nos. 384-385 of 2018 [Arising out of SLP (Crl.) No. 7577-7578 of 2017], decided on March 12, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. The appellant is aggrieved by the rejection of his bail. He has been in custody on account of his involvement for the offences punishable under Sections 307, 308, 324, 326, 385, 323, Indian Penal Code read with 3(2)5, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act in FIR No. 148 of 2016, Police Station Barhaj, District Deoria, U.P.
3. When this matter came up before this Court on 16.02.2018, the following order has been passed:
“Learned counsel for the petitioner submits that all the co-accused have been released on bail. We direct the learned counsel appearing for the State to verify this fact and file its reply affidavit positively within three weeks.
Post on 12.03.2018.
We make it clear that no request for further adjournment will be entertained for filing reply affidavit.”
4. Mr. Pramod Swarup, learned senior for the respondent-State submits that the other co-accused have been released on bail except the one who is absconding.
5. Having granted bail to the co-accused persons against whom also same allegations are raised, we are of the view that there is no justification in denying bail to the appellant. The appellant is directed to be released on bail in connection with FIR No. 148 of 2016 on furnishing his bail bonds in a sum of Rs. 25,000/- with two sureties in the like amount to the satisfaction of the Trial Court. It will be open to the Trial Court to impose appropriate conditions for grant of bail.
6. The appeals are, accordingly, allowed.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7577-7578/2017
Abhishek Tripathi ________________________________ Petitioner
v.
The State of Uttar Pradesh ________________________ Respondent
(IA No. 90670/2017-CONDONATION OF DELAY IN FILING and IA No. 90671/2017-EXEMPTION FROM FILING O.T.)
Date : 12-03-2018 These petitions were called on for hearing today.
(Before Kurian Joseph and Mohan M. Shantanagoudar, JJ.)
For Petitioner(s) Mr. Romy Chacko, Adv.
Mr. Girish Pandey, Adv.
Ms. Alpana Pandey, Adv.
Mr. Kulbhushan Arora, Adv.
Mr. Ramjee Pandey, AOR
For Respondent(s) Mr. Pramod Swarup, Sr. Adv.
Ms. Alka Sinha, Adv.
Mr. Anuvrat Sharma, AOR
UPON hearing the counsel the Court made the following
ORDER
7. Delay condoned.
8. Leave granted.
9. The appeal is allowed in terms of the signed order.
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