Court No. - 71
Case :- CRIMINAL APPEAL No. - 3766 of 2019 Appellant :- Shakeel Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Imran Mabood Khan,Dhirendra Kumar Srivastava,Mohammad Belal,Rajiv Sisodia Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed today on behalf of the State, is on record.
Heard learned counsel for the appellant-applicant and learned A.G.A. for the State. Despite the service of notice no one has appeared on behalf of the opposite party no.2. 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 28.01.2019 passed by learned Additional Sessions Judge/Special Judge, (SC/ST Act), Ghaziabad in Case Crime No.44 of 2019, under Sections 307, 324, 506 I.P.C. and Section 3(2)(5a) of SC/ST Act, P.S. Modi Nagar, District Ghaziabad, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellant submitted that the appellant has been falsely implicated in the present case due to ulterior motive. He further submitted that co-accused Shahnaz has already been enlarged on bail in Criminal Appeal No.1710 of 2019, vide order dated 17.04.2019, copy whereof has been annexed on page no.65 of the paper book and the present appellant is having similar role as was assigned to the co-accused Shahnaz, who has already been enlarged on bail. He submitted that the appellant is in jail since 09.01.2019 and in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail and submitted that the accused is of bad character and he is having a criminal history of one case.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, considering the parity, 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 Shakeel 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 :- 31.5.2019 R./