Court No. - 53
Case :- CRIMINAL APPEAL No. - 7692 of 2018 Appellant :- Sufiyan Ahmad Respondent :- State Of U.P. And Another Counsel for Appellant :- Ramanuj Tiwari Counsel for Respondent :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Learned A.G.A. has submitted that the notice to the informant/respondent no.2 has already been served on 26.11.2018.
Heard learned counsel for the appellant and learned A.G.A. for the State. However, none appears on behalf of the respondent no.2.
Perused the record.
This Criminal Appeal under section 14-A(2) of Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed on behalf of the appellant challenging the order dated 24.7.2018 passed by the Special Judge(SC/ST)Act/Additional Sessions Judge, Court No.4, Jaunpur in Criminal Bail Application No.Nil of 2018 (Sufiyan Ahmad vs. State of U.P.), S.S.T.No.46 of 2018 arising out of Case Crime No.273 of 2017, under sections 406, 323, 504, 506, 419, 420, 467, 468, 471 I.P.C. and Section 3(2)5 SC/ST Act, PS. Saraikhwaza, District Jaunpur, whereby the learned trial court by impugned order has rejected the bail application moved on behalf of the applicant/appellant. By way of the present appeal, applicant/appellant is seeking bail in the aforesaid sections It is contended by learned counsel for the appellant that one Ramesh Chandra Kanaujia filed an application under section 156(3) Cr.P.C. on 23.12.2016 before Additional Sessions Judge IV/Special Judge, SC/ST Act, Jaunpur against three persons including the appellant for the offence under sections 406, 323, 504, 506, 419, 420, 467, 468, 471 I.P.C. and Section 3(2)5 SC/ST Act, PS. Saraikhwaza, District Jaunpur and on the basis of aforesaid application the First Information Report was lodged on 29.3.2017 which was registered as Case Crime No.273 of 2017. The allegation levelled against the applicant/appellant is of only accomplishment that he was present with his younger brother at the place of occurrence. It is alleged in the said First Information Report that the co- accused Salman Ahmad and Gulshan have taken about rupees twenty lacs in cash from the complainant with false pretext of recruitment of the complainant and his candidates in the Airport and could not provide any job to any person in the Airport. When the complainant asked to return his money, they abused and threatened to kill him. It is contended by learned counsel for the applicant/appellant that the appellant has been falsely implicated with an ulterior motive, he has not committed any offence as alleged by the complainant, no role whatsoever has been assigned to the applicant/appellant in taking money from the complainant. The role which assigned to the appellant that he had threatened and assaulted the complainant on 15.12.2016, which is totally false and fabricated. The applicant/appellant is in jail since July 2018 and he has no criminal antecedent. Lastly it is contended that the co-accused Salman Ahmad has already been enlarged on bail by the order of another co-ordinate bench of this Court, vide order dated 26.7.2018, in Criminal Appeal No.532/2018, hence, the appellant may be released on bail on the ground of parity.
Per contra, learned A.G.A. contended that there is no infirmity in the impugned order passed by the trial court, however, he does not dispute the fact that, the co-accused has already been enlarged on bail.
After hearing learned counsel for the parties and on perusal of the record, without commenting on the merits, considering the facts and circumstances of the case, looking into the severity of the punishment and involvement of the accused, I am of the view that the impugned order 24.7.2018 passed by the Special Judge(SC/ST Act)/Additional Sessions Judge, Court No.4, Jaunpur is liable to be set aside.
Accordingly the impugned order 24.7.2018 passed by the Special Judge(SC/ST Act)/Additional Sessions Judge, Court No.4, Jaunpur is hereby set aside.
The Present Criminal Appeal deserves to be allowed and accordingly the same is allowed.
Let the appellant Sufiyan Ahmad, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2019 Rk