Court No. - 50
Case :- CRIMINAL APPEAL No. - 3979 of 2021 Appellant :- Wasim @ Buddhu Respondent :- State of U.P. and Another Counsel for Appellant :- Atul Pandey Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 07.09.2021 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Saharanpur, in Case Crime No.255 of 2021, under Section 306 I.P.C. and 3(2)(5) SC/ST Act, P.S. Sarsawa District Saharanpur.
Contention, in brief, is that obviously, the first information report was initially inter-alia lodged against the applicant under Section 302 I.PC. however, after due investigation, the same was converted into under Section 306 I.P.C. and there is only whisper of loan of Rs.10,00,000/- out of partnership transaction between the applicant and the deceased. The first information report was lodged against applicant due to grudge, enmity and ulterior motive, whereas, the independent witnesses Satish Pundir, Qayum, Amit Kumar Ahuja and Praveen have categorically stated that there is no such loan transaction due to which loss of Rs.10,00,000/- was suffered by the deceased and no dispute ever arose before them. Some little talks might have held between the applicant and the deceased. How can it be said that because of loss caused by the applicant to the deceased, he committed suicide. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 12.08.2021.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
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 has been rejected, impugned herein this appeal.
Nothing convincing has been argued on behalf of the complainant/State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above 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 07.09.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant Wasim @ Buddhu involved in the aforesaid case crime number for the aforesaid offences be released on bail on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellant shall cooperate in the trial and will not jump the bail.
Order Date :- 28.10.2021 rkg