Criminal Appeal filed for bail challenging acquittal or discharge order. Court allowed bail, set aside impugned order without expressing opinion on merits, citing parity and fit case status.
Appellant released on bail with personal bond and two reliable sureties of like amount.
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Court No. - 71
Case :- CRIMINAL APPEAL No. - 3121 of 2019
Appellant :- Talib Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Pankaj Sharma,Prashant Sharma Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant-applicant and learned A.G.A. for the State. 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 8.3.2019 passed by learned Special Judge SC/ST Act, Amroha in Case Crime No.232 of 2018, under Sections 450, 323, 34, 376D, 506 IPC and Section 3(2)(V) of SC/ST Act, Police Station Amroha Dehat, District Amroha, seeking bail in the aforesaid sections.
Learned counsel for the appellant has submitted that the appellant has been falsely implicated in the present case due to village party bandi. He further submitted that nothing incriminating substance was recovered from the possession of the present appellant. He further submitted that the co-accused Akbar and Jumma, having similar role, have already been enlarged on bail vide order dated 24.4.2019 passed by this Court in Criminal Appeal No.134 of 2019, hence the present appellant claims parity. Lastly he submitted that appellant is in jail since 20.11.2018, having no criminal history and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned AGA has opposed the bail plea. However, learned AGA does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, 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 Talib be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 23.5.2019 Mini
2 issues framed by the court
Whether this case is fit for granting bail despite the severity of the allegations under SC/ST Act and IPC.
Whether parity with bail granted to co-accused can be considered for granting bail to the appellant.
Talib
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
