Court No. - 50
Case :- CRIMINAL APPEAL No. - 3292 of 2021 Appellant :- Baddudin Alias Aibaddudin Respondent :- State of U.P. and Another Counsel for Appellant :- Chetan Chatterjee Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed on behalf of the appellant is taken on record.
Heard Sri Kavindra Dwivedi, learned counsel holding brief of Sri Chetan Chatterjee, learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 30.06.2021, passed by Special / Additional Judge Schedule Caste / Schedule Tribes, Varanasi in Case Crime No. 71 of 2021, under Sections - 323, 504, 506, 307, 34 I.P.C., and Section - 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station - Adampur, District Varanasi.
Appellant claims to have been falsely implicated in this case on account of fact that the appellant happens to be friend of the main accused - Mohammad Babloo, who in fact allegedly caused knife blows on the person of the victim and four persons were involved in this case, wherein two have already been admitted to bail by this Court. Copies whereof have been annexed as S.A.-2 to the affidavit filed in support of this bail application. The case of the present appellant is distinguishable from the main accused- Mohammad Babloo. In case, the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 14.06.2021.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
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 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 30.06.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant - Baddudin Alias Aibaddudin involved in the aforesaid case crime number for the aforesaid offences 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 :- 28.10.2021 S Rawat