Court No. - 64
Case :- CRIMINAL APPEAL No. - 5677 of 2021 Appellant :- Smt. Nargis Khan Respondent :- State of U.P. and Another Counsel for Appellant :- Vinayak Mithal Counsel for Respondent :- G.A.,Sudhir Dixit
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Vinayak Mithal, learned counsel for the appellant, Sri Sudhir Dixit, learned counsel for the informant and Sri Ankit Srivastava, 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 08.11.2021, 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, 504, 506, 120-B I.P.C. and Section-3(2)(va) of S.C./S.T. (Prevention of Atrocities) Act, Police Station - Kavinagar, District -Ghaziabad, whereby bail application of the appellant has been rejected.
3. At the outset, it is stated that the co-accused Khalid Rauf, against whom similar allegation has been made, has already been enlarged on bail by this Court in Criminal Appeal No.5330 of 2021, by a separate order passed today. It is further stated at the Bar that the case of the present appellant would stand on a different footing from that of Suresh. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
4. Accordingly, this appeal is allowed and the impugned order dated 08.11.2021, rejecting the bail of the appellant is set aside.
5. Let the accused-appellant, namely, Smt. Nargis Khan, involved in the aforesaid crime be released on bail on her 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