Court No. - 50
Case :- CRIMINAL APPEAL No. - 3242 of 2021 Appellant :- Ankit Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Ramesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned A.G.A. informs that notice has been satisfactorily served upon the appellant.
Heard learned counsel for the appellant, learned Additional Government Advocate for the State and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 01.04.2021 passed by Special Judge (SC/ST Act)/Additional Session Judge, Ghaziabad in Bail Application No.2174 of 2021 arising out of case crime no.78 of 2021, under Sections 147, 323, 302, 201 IPC and Section 3(2)(V) of SC/ST Act, Police Station Nandgram, District Ghaziabad.
Argument on behalf of the appellant has been extended to the effect that in this case, appellant is not named in the FIR. He further submits that the appellant is innocent and has been falsely implicated in this case. The appellant has no role to play in the commission of the offence. The name of the appellant has surfaced in the confessional statement of the co- accused Darvesh Fauji. Nothing incriminating has been recovered from the possession of the appellant. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The appellant has no criminal history and is languishing in jail since 06.03.2021 in the present case.
Learned Additional Government Advocate has though opposed the bail of the appellant but could not dispute the aforesaid fact.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant-applicant has been rejected, impugned herein this appeal.
Nothing convincing has been argued on behalf of the complainant/ State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 01.04.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Ankit Kumar involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail.
The concerned Court/ Authority/ Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
However, advantage of this bail order shall not go to other co- accused named in the FIR.
Order Date :- 29.10.2021 Raj