Court No. - 50
Case :- CRIMINAL APPEAL No. - 1465 of 2021 Appellant :- Kanda @ Saddam Respondent :- State of U.P. and Another Counsel for Appellant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned Additional Government Advocate for the State and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the orders dated 20.01.2021 and 18.02.2021 passed by Special Judge (SC/ST Act), District Agra in Bail Application No.21 of 2021 and Bail Application No.738 of 2021 arising out of Case Crime No.589 of 2020, under Sections 365, 304, 328, 115, 34, 120-B IPC and Section 3(2)5 SC/ST Act, Police Station Jagdishpura, District Agra.
Learned counsel for the appellant has argued that the appellant is an innocent person and has been falsely implicated in the present case due to ulterior motive. The name of the appellant has surfaced in the confessional statement of the co- accused Ganesh. The appellant is not named in the F.I.R. He further added that the victim has not taken his name in her dying declaration. The appellant is languishing in jail since 28.10.2020. Nothing incriminating has been recovered from the possession of the appellant. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial.
Learned Additional Government Advocate has though opposed the bail of the appellant but could not dispute the aforesaid fact.
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.
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 orders dated 20.01.2021 and 18.02.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Kanda @ Saddam 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.
Order Date :- 28.7.2021 Raj