Court No. - 88
Case :- CRIMINAL APPEAL No. - 3132 of 2020 Appellant :- Taufiq @ Bablu Respondent :- State of U.P. and Another Counsel for Appellant :- Sunil Kumar Singh,Anil Kumar Srivastava (Senior Adv.),Prem Narayan Singh Counsel for Respondent :- G.A.
Hon'ble Ajit Kumar,J.
Heard Sri Anil Srivastava, learned Senior Advocate assisted by Sri Sunil Kumar Singh, learned Counsel for the appellant- applicant, learned AGA and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant- Taufiq @ Bablu with the prayer to set aside the bail rejection order dated 29.10.2020 passed by learned Additional Sessions Judge/ Special Judge (SC/ST Act) Badaun in Bail Application No. 2367 of 2020 in Case Crime No. 310 of 2020 under Sections 302, 120-B I.P.C. and Section 3(2) (5) Ka SC/ST Act, P.S.- Civil Line, District- Badaun.
As per the allegations made in the first information report, the informant's sister was married to main accused Asif @ Baba out of love and affection but later on it transpired that Asif @ Baba was already married and that it is on account of this fact the relations between Asif @ Baba and the deceased went strained and it also troubled her mind set and was murdered on 25.09.2000 by Asif @ Baba using country made pistol. The name of his aid Bablu i.e. the present applicant has also been taken in the first information report.
It has been submitted by learned Counsel for the appellant- applicant that appellant is quite innocent and has been falsely implicated for ulterior motive. It is also argued that applicant is not involved in the murder of the victim, inasmuch as, the name of the applicant has come up in the statement of main accused Asif @ Baba who it is alleged, was supplied with the country made pistol of which recovery has also been made from the main accused Asif @ Baba. It is thus argued that the case of applicant is quite distinguishable from the main accused and looking to the circumstances, the complicity of the applicant is not of such a nature that a case of even conspiracy or murder could be made out against the applicant. It is also stated that there is no previous criminal history to the credit of applicant. It is further argued by the learned counsel that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicant is languishing in jail since 06.01.2020.
Though the appeal has been opposed vehemently by the learned A.G.A. but he could not dispute that except the act of facilitating country made pistol and that too he was not in the knowledge that for what purpose or use, there is no other evidence against the applicant.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant-applicant has been rejected, impugned herein this appeal and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 29.10.2020 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail.
The concerned Court/Authority/Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 IrfanUddin