Court No. - 71
Case :- CRIMINAL APPEAL No. - 3680 of 2019 Appellant :- Intekhab Respondent :- State Of U.P. And Another Counsel for Appellant :- Usha Srivastava,Jalaj Kumar Tripathi,Saurabh Tripathi Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant, learned A.G.A., for the State. Perused the record.
The Criminal Appeal has been filed under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 have been filed challenging the order dated 1.4.2019 passed by Additional Session Judge Second/Special Judge SC/ST Act, Bareilly in Criminal Misc. Bail Application No.1214 of 2019 (Intekhab Vs. State), arising out of Case Crime No.1094 of 2018, under Sections 147, 306 IPC and Section 3(2)(5) of SC/ST Act, Police Station Bahedi, District Bareilly, seeking bail in the aforesaid sections.
Learned counsel for the appellant contended that he has been falsely implicated in the present case due to village party bandi. He further submitted that the co-accused Mintu @ Mustaza and Amir, having similar role, have already been admitted to bail vide orders dated 16.5.2019 and 20.5.2019 passed by this Court in Criminal Appeal Nos. 3174 of 2019 and 2941 of 2019. Hence, the present appellant is also entitled to be enlarged on bail on the ground of parity. Lastly he submitted that the appellant is languishing in jail since 5.1.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the period of detention in jail, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant Intekhab be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 30.5.2019 Mini