Court No. - 80
Case :- CRIMINAL APPEAL No. - 1898 of 2020 Appellant :- Sandeep @ Kaluwa Respondent :- State of U.P. and Another Counsel for Appellant :- Mukesh Joshi Counsel for Respondent :- G.A.,Kapil Tyagi
Hon'ble Rajiv Gupta,J.
Rejoinder affidavit filed today in Court, is taken on record.
Heard learned counsel for the appellant, Sri Kapil Tyagi, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
The present criminal appeal has been filed U/s 14(A)(2) of S.C./S.T. Act against the order dated 3.3.2020, by which the bail application of the appellant in Case Crime No. 288 of 2019, Under Sections 302, 201 IPC and Section 3(2) V of SC/ST Act, P.S. Kundarki, District- Moradabad has been rejected vide order dated 3.3.2020.
Learned counsel for the appellant-applicant has submitted that the appellant-applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the appellant-applicant has next submitted that similarly placed co-accused Sufiyan has already been granted bail by coordinate. Bench of this Court in Criminal Appeal No. 2047 of 2020 vide order dated 22.7.2021. Learned counsel for the appellant-applicant has next submitted that the only allegation against the applicant is that Adhar-card belonging to the deceased, is shown to have been recovered from the possession of the appellant-applicant. Lastly, it is submitted that appellant-applicant is in jail since 1.12.2019.The criminal history of the applicant has been explained in paragraph- 10 of the rejoinder affidavit, which is of the year 2014.
Per contra, learned A.G.A. as well as learned counsel for the first informant could not dispute the aforesaid facts and the fact that similarly placed co-accused has already been granted bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, the appeal has substance. Accordingly, the appeal is allowed.
The impugned order dated 3.3.2020 passed by Addl.Sessions Judge/ Special Judge (SC/ST Act), Moradabad, is set-aside and the bail application of appellant stands allowed.
Let the appellant-applicant Sandeep @ Kaluwa be released on bail in Case Crime No. 288 of 2019, Under Sections 302, 201 IPC and Section 3(2) V of SC/ST Act, P.S. Kundarki, District- Moradabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:-
(i) The appellant-applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The appellant-applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The appellant-applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant-applicant to prison.
The trial court is directed to expedite t he trial of the present case and conclude the same as expeditiously as possible preferably with a period of one year form the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 22.9.2021 KU