Court No. - 88
Case :- CRIMINAL APPEAL No. - 3054 of 2020 Appellant :- Junaid Respondent :- State of U.P. and Another Counsel for Appellant :- Bharat Singh Counsel for Respondent :- G.A.,Santosh Kumar Singh
Hon'ble Ajit Kumar,J.
Counter affidavit filed today is taken on record.
Heard Sri Bharat Singh, learned Counsel for the appellant- applicant, Sri Santosh Kumar Singh, learned counsel for the complainant, learned AGA and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant- Junaid with the prayer to set aside the bail rejection order dated 20.10.2020 passed by learned Special Judge (SC/ST Act) Amroha in Bail Application No. 1593 of 2020 CNR No. UPJB010036462020 Junaid Vs.
State of U.P. arising out of Case Crime No. 343 of 2020 under Sections 147, 148, 149, 452, 504, 506, 323, 307 I.P.C. and Section 3(2)(V) SC/ST Act, P.S.- Didauli, District- Amroha.
As per the allegations in the first information report the applicant along with other accused persons entered the shop of brother of informant shouting abusively using castiest remarks and started physically assaulting. The applicant was having country made pistol of 315 bore in his hand and by which he had fired shot but it missed, the applicant and other accused persons armed with different weapons assaulted the brother of the informant. In the statement of victim recorded under Section 161 Cr.P.C. that has been brought on record, the allegations of the first information report have been reiterated.
It has been submitted by learned Counsel for the appellant- applicant that the appellant is quite innocent and has been falsely implicated for ulterior motive. It is also argued that in fact no such incident was taken place, rather the injured had met with an accident at his own shop while lifting the shutter of the shop but one of the strong ruling political party leader conspired against the appellant and other co accused persons who are real brothers of the applicant. It is also submitted that there is no criminal history to the credit of the appellant. It is further argued by the learned counsel that but in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicant is languishing in jail since10.10.2020.
Though the appeal has been opposed vehemently by the learned A.G.A. as well as learned counsel for the complainant but they could not dispute the aforesaid facts.
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-applicant has been rejected, impugned herein this appeal 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 20.10.2020 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail.
The concerned Court/Authority/Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.1.2021 IrfanUddin