Court No. - 64
Case :- CRIMINAL APPEAL No. - 5330 of 2021 Appellant :- Khalid Rauf Respondent :- State of U.P. and Another Counsel for Appellant :- Rahul Singh,Ajay Kumar Pandey Counsel for Respondent :- G.A.,Deepti,Sudhir Dixit,Utkarsh Dixit
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ajay Kumar Pandey, learned counsel for the appellant; Sri Sudhir Dixit, 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 21.10.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Ghaziabad, in Case Crime No.126 of 2021, under Sections -420, 406, 467, 468, 471, 323, 354, 354A, 354B, 504, 506 I.P.C. and Section 3(2) (V)KA of S.C./S.T. (Prevention of Atrocities) Act, Police Station -Kavi Nagar, District -Ghaziabad, whereby bail application of the appellant has been rejected.
3. At the outset, learned counsel for the appellant submits, against the FIR lodged on 03.02.2021, the appellant is in confinement since 24.09.2021; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; criminal history of two cases has been explained including a matrimonial dispute; though investigation is pending however, at present, no justifiable cause has been shown to continue the detention of the appellant for an indefinite period; on prima facie basis, it has been submitted, the FIR was lodged with a delay of about four months. In any case, referring to the FIR allegation, specifically in paragraph no.12 thereof, it has been submitted that the only allegation against the appellant is of being present at the time of occurrence wherein the main allegation has been made against Suresh. Even as to the earlier transaction of cheating, the main allegation is against the said Suresh and not the present appellant. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
4. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
5. Having heard learned counsel for the parties and having perused the record, at present, the order passed by the learned court below rejecting the bail application filed by the appellant, cannot be sustained.
6. 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.
7. Accordingly, this appeal is allowed and the impugned order dated 21.10.2021, rejecting the bail of the appellant is set aside.
8. Let the accused-appellant, namely, Khalid Rauf, 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 :- 21.12.2021 S.Chaurasia