Court No. - 71
Case :- CRIMINAL APPEAL No. - 2739 of 2019 Appellant :- Saddam Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Vindhyachal Singh Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard Sri Vindhyachal Singh, learned counsel for the appellant-applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 11.03.2019 passed by learned Additional District and Sessions Judge, Court No.2/Special Judge, Kanpur Dehat in Bail Application No. 510 of 2019, arising out of Case crime No. 78 of 2018, S.S.T. No. 101 of 2018, under Sections 364, 120-B, 201, 302, 34 I.P.C. and 3(2)(V) SC/ST (Prevention of Atrocities) Act, 1989, P.S. Bilhaur, District Kanpur Nagar, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellant submitted that applicant was not named in the first information report and during investigation, his name was surfaced in the statement of Nanhe on 08.03.2018. Learned counsel for the applicant has further submitted that other co-accused Masoom Raza and Powder have been granted bail by another Bench of this Court vide orders dated 03.10.2018 and 21.01.2019 passed in Crl. Appeal Nos. 4705 of 2018 and 6935 of 2018. Hence, the present appellant/applicant is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant has further submitted that kidnapped child has not yet been recovered and nothing incriminating has been recovered from the possession or on his pointing out.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 15.03.2018 and in case, he is released on bail, he will not misuse the liberty of bail Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail but does not dispute the factum of the parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant-applicant Saddam be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 29.4.2019 M. ARIF