Court No. - 50
Case :- CRIMINAL APPEAL No. - 1496 of 2020 Appellant :- Najir Ahamad Respondent :- State of U.P. and Another Counsel for Appellant :- Ram Krishna Dubey,Kusum Lata Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 24.12.2019 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Varanasi, in Case Crime No.463 of 2019, under Sections 323, 504, 506, 342, 355, 365, 509, 34 I.P.C., 7 Criminal Law Amendment Act and 3(2)3, 3(1) (Da), 3(1) (Dha) SC/ST (P.A.) Act, P.S. Shivpur, District Varanasi.
Contention, in brief, is that similarly circumstanced co-accused Nishar Ahmad has already been admitted to bail by coordinate Bench of this Court in Criminal Appeal No.7062 of 2020 on 07.02.2020. The case of the present applicant is identical to that of co-accused who has already been admitted to bail. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 13.11.2019.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
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 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 order dated 24.12.2019, rejecting the bail of the appellant is set aside.
Let the accused-appellant Najir Ahamad involved in the aforesaid case crime number for the aforesaid offences 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 :- 29.10.2021 rkg