Court No. - 64
Case :- CRIMINAL APPEAL No. - 5794 of 2021 Appellant :- Asghar Respondent :- State Of U.P. And 2 Other Counsel for Appellant :- Zafar Abbas Counsel for Respondent :- G.A.,Syed Khayyam Haider
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Zafar Abbas, learned counsel for the appellant; Sri Ankit Srivastava, learned AGA for the State and; Sri Syed Khayyam Haider, learned counsel for respondent nos. 2 and 3 and perused the material placed on record.
2. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 23.11.2021, passed by Special Judge S.C./S.T. (P.A.) Act, District - Moradabad, in Case Crime No. 93 of 2020, under Sections - 385/34 I.P.C., Section 67 Information Technology Act, 2008 and Section 3(2)5ka, 3(1)(Da), 3(1)(Dha) of S.C./S.T. (Prevention of Atrocities) Act, Police Station - Mainather, District - Moradabad, whereby bail application of the appellant has been rejected.
3. At the outset, learned counsel for the appellant submits, against the FIR lodged on 7.4.2020, the appellant is in confinement since 31.10.2021; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; the appellant has no criminal history; charge-sheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, for the purpose of grant of bail, it has been submitted, the appellant has been completely falsely implicated on account of misunderstanding and misgiving between the parties. Referring to the statement of the victim girl recorded under Section 164 Cr.P.C., it has been submitted, she has denied the occurrence. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
4. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
5. Having heard learned counsel for the parties and having perused the record, at present, the order passed by the learned court below rejecting the bail application filed by the appellant/s, cannot be sustained.
6. Without drawing any inference as to facts, in view of the above noted facts and submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant/s be enlarged on bail at this stage.
7. Accordingly, this appeal is allowed and the impugned order dated 23.11.2021 rejecting the bail of the appellant is set aside.
8. Let the accused-appellant, namely, Asghar, involved in the aforesaid crime be released on bail on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellant shall cooperate in the trial and will not jump the bail.
Order Date :- 23.12.2021 Prakhar