Court No. - 53
Case :- CRIMINAL APPEAL No. - 7110 of 2018 Appellant :- Mohammad Aslam Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Mukhtar Alam,Saquib Mukhtar Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the appellant and learned A.G.A. for the State of U.P. in opposition.
This criminal appeal under Section 14A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed on behalf of the appellant challenging the order dated 27.9.2018 passed by Additional Sessions Judge, Court No.2/Special Judge, SC/ST Act, Varanasi, in Bail Application No. 3329 of 2018, arising out of Case Crime No. 842 of 2018, under Sections 323, 504, 506, 376, 511, 457 of the Indian Penal Code, 1860 and Section 3(2)5 of S.C./S.T. Act, Police Station - Cantt, District - Varanasi, seeking bail in the aforesaid sections.
Learned counsel for the appellant contended that Respondent No.2 Smt. Kamlesh Devi has filed this F.I.R. with false allegation due to enmity. Before this occurrence police has submitted report under Section 107/117 Cr.P.C. against both the parties. Before this occurrence applicant has lodged report of non cognizable offence against Sudarshan husband of Respondent No.2 and two other persons. The appellant has a criminal history of two cases in which he is already on bail.
Per contra learned A.G.A. has opposed the prayer for bail and submitted that there is no infirmity or illegality in the order passed by the learned trial court.
Without expressing any opinion on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to be allowed.
Accordingly, the appeal is allowed and the aforementioned impugned order is hereby set aside.
Let the appellant Mohammad Aslam be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties in the like amount to the satisfaction of the court concerned.
Order Date :- 30.1.2019 Manish Tripathi