Court No. - 71
Case :- CRIMINAL APPEAL No. - 1800 of 2019 Appellant :- Jaid Respondent :- State Of U.P. And Another Counsel for Appellant :- Pulak Ganguly Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant, learned counsel for the opposite party no.2 and learned A.G.A. for the State. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 28.06.2018 passed by Special Judge, S.C./S.T.Act, Allahabad in Case Crime No.641/2013, U/Sec. 376-D, 504, 506, 120-B I.P.C. & Sec. 3(2)5 SC/ST Act, P.S. Dhoomanganj, District Allahabad, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellant submitted that the alleged incident took place on 04.11.2013 and the first information report was lodged in pursuance of an application under Section 156(3) Cr.P.C. on 13.12.2013. He submitted that in the first information report the victim has alleged that five persons have committed rape on her one by one. He submitted that co-accused Ibne Ahmad @ Bachche has been enlarged on bail by another Bench of this Court in Criminal Misc. Bail Application No.24250 of 2014 vide order dated 01.08.2018 and another co-accused Mohammad Ahmad @ Achchhe has also been enlarged on bail by another Bench of this Court in Criminal Misc. Bail Application No.16501 of 2018 vide order dated 03.05.2018. He submitted that the present accused/appellant is having the same role as was assigned to the other co-accused, who have been enlarged on bail by another Bench of this Court. The appellant is in jail since 08.06.2018.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail but does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, 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 appellants Jaid be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 29.4.2019 R./