Court No. - 64
Case :- CRIMINAL APPEAL No. - 4880 of 2021 Appellant :- Firoj Respondent :- State of U.P. and Another Counsel for Appellant :- Vikas Sharma Counsel for Respondent :- G.A.,Akhilesh Kumar
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Vikas Sharma, learned counsel for the appellant; Sri Akhilesh Kumar learned counsel for the opposite party No.2; Sri Janardan Prakash, learned AGA for the State 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 05.10.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Saharanpur, in Case Crime No. 273 of 2021, under Sections - 420, 467, 468, 471, 120-B, 504, 506 I.P.C. and Section 3(2) (v) , S.C./S.T. (Prevention of Atrocities) Act, Police Station - Chilkana, District - Saharanpur, whereby bail application of the appellant has been rejected.
3. By a detailed order passed by the Court today in Criminal Appeal No.4867 of 2021, similarly placed co-accused Majahir @ Mujahid has been granted bail.
4. In view of the above, at present, the order passed by the learned court below rejecting the bail application filed by the appellant, cannot be sustained.
5. Without drawing any inference as to facts, in view of the above noted facts & submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant be enlarged on bail at this stage.
6. Accordingly, this appeal is allowed and the impugned order dated 05.10.2021, rejecting the bail of the appellant is set aside.
7. Let the accused-appellant, namely, Firoj, 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 :- 17.12.2021 Faraz