Court No. - 67
Case :- CRIMINAL APPEAL No. - 4277 of 2019 Appellant :- Tufail Respondent :- State Of U.P.
Counsel for Appellant :- Imran Mabood Khan Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J. Order on Appeal This criminal appeal has been filed against judgment and order dated 13.05.2019 passed by Additional Sessions Judge, Court No. 3, Amroha, in SST No. 184 of 2008, arising out of Case Crime No. 1163 of 2008, under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Didauli, District Amroha.
Connect with Crl. Appeal No. 4221 of 2019 as well as Crl. Appeal No. 4280 of 2019.
Admit.
Summon the lower court records.
Notice on behalf of State has been accepted by learned AGA. List in due course.
Order on Bail Application.
Heard learned counsel for the appellant and learned A.G.A. for the State.
Learned counsel for the applicant submits that the applicant Tufail, Rajpal and Maroof were said to be involved in two cases namely; a- Case Crime No.802 of 2018, under Sections 419, 420 IPC, P.S. Didauli, District J.P. Nagar, Amroha and b.Case Crime No. 1006 of 2008, under Sections 419 and 420 IPC, P.S. Gajraula, District J.P. Nagar, Amroha.
All the accused involved in the above mentioned cases and on the basis of these cases, they were made involved in the present case i.e. Case Crime No. 1163 of 2008, under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Didauli, District Amroha. He has next submitted that S.S.T. No. 184 of 2008, which was decided by Spl. Judge (Gangster Act)/Additional Session Judge, Amroha, vide order dated 13.05.2019, by which the appellant has been convicted under Section 3 (1) of Gangster Act for 5-5 years and fine of Rs. 5,000/- each and in default of fine to undergo one-one year additional simple imprisonment.
Learned counsel for the appellant has next submitted that all these two cases, the witnesses have turned hostile and mentioned that the appellant has got no connection with the above mentioned two cases. The amount of consideration in above mentioned fraud and cheating cases was received by some other person and not the appellant. During trial the appellant was on bail and he has not misused the liberty of bail. He next submitted that the applicant is innocent and has been falsely been implicated in this case. He lastly submitted that the applicant is in jail since 13.05.2019 is entitled to be enlarged on bail during the pendency of trial and in near future no chance of early disposal of case on merit.
Per contra learned AGA opposed the prayer for bail and could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the appellant as well as learned AGA, without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the appellant- Tufail be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in SST No. 184 of 2008, arising out of Case Crime No. 1163 of 2008, under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Didauli, District Amroha.
The entire amount imposed by the trial court shall be deposited within a period of one month from the date of his release.
List the matter after the receipt of LCR in its due course for hearing of the case.
Order Date :- 26.7.2019 v.k.updh.