Court No. - 80
Case :- CRIMINAL APPEAL No. - 3347 of 2021 Appellant :- Arbaz Pasa Respondent :- State Of Up And Another Counsel for Appellant :- Rizwan Ahmad,Irshad Ahmad Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
The present criminal appeal has been filed U/s 14(A)(2) of S.C./S.T. Act against the order dated 06.02.2021, by which the bail application of the appellant in Case Crime No. 343 of 2020, under Sections 147, 148, 149, 452, 504, 506, 323, 307 IPC and Section 3(2) V of SC/ST Act, 1989, P.S. Didauli, District- Amroha, has been rejected vide order dated 06.02.2021.
Learned counsel for the appellant has submitted that the appellant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the appellant has further submitted that as many as four nominated and one unknown person are said to have assaulted the victim by danda (stick) and rod and Junaid is said to have fired upon brother of the informant. Injury report of the injured shows that he suffered as many as four injuries and as per the supplementary injury report, all the injuries are simple in nature. Learned counsel for the appellant has further submitted that the co-accused, namely, Junaid, Aayaj and Mohammad Armaan have already been granted bail by a Co-ordinate Bench of this Court in Criminal Appeal Nos. 3054/2020, 3053/2020 and 3407/2020 vide orders dated 05.01.2021, 12.01.2021 and the case of the appellant stands on identical footing, hence the appellant is also entitled for bail on the ground of parity. The appellant is languishing in jail since 01.02.2021 and he has no criminal antecedent.
Per contra, learned A.G.A. could not dispute the aforesaid facts.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, the appeal has substance.
The impugned order dated 06.02.2021 passed by Addl. District and Sessions Judge/ Special Judge (SC/ST Act), Amroha, is set-
aside and the bail application of the appellant stands allowed.
Let the appellant Arbaz Pasa be released on bail in Case Crime No. 343 of 2020, under Sections 147, 148, 149, 452, 504, 506, 323, 307 IPC and Section 3(2) V of SC/ST Act, 1989, P.S. Didauli, District- Amroha, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:-
(i) The appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The appellant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison.
Order Date :- 30.9.2021 Priya