In this second bail appeal, the Single Judge allowed the appellant's application, set aside the lower court's rejection order, and directed his release on a personal bond with two sureties, noting his disability.
Appellant to be released on bail on personal bond and by furnishing two reliable sureties each in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 71
Case :- CRIMINAL APPEAL No. - 3148 of 2019
Appellant :- Sabir Langda Respondent :- State Of U.P. And Another Counsel for Appellant :- M J Akhtar Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed on behalf of State in the Court today is taken on record.
Despite notices being served, none is present on behalf of the complainant.
Heard Sri V.M. Zaidi, learned Senior Advocate assisted by Sri M.J. Akhtar, learned counsel for the appellant, learned A.G.A. for the State and perused the material on record.
This is the second appeal filed on behalf of the appellant. Earlier appeal filed by the present accused was dismissed by another Bench of this Court vide order dated 1.2.2019 passed in Criminal Appeal No. 7658 of 2018. Thereafter another applicatio for bail was filed before the learned lower court and the same was also rejected and the instant appeal has been filed against the impugned rejection order dated 18.3.2019 passed by the Second Addl. Sessions Judge/Special (SC/ST) Act, Kaushami in Second Bail Application No. 53 of 2019, arising out of Case Crime no. 420 of 2018, under Sections 307, 364 I.P.C. and Section 3(2)V SC/ST Act, P.S. Pipari, districtKaushambi.
As per prosecution version, on 21.10.2018 at about 4:30 P.M. the appellant and other co-accused Mukesh Mishra, Shubham Singh and two unknown persons came on the spot and due to enmity of some land dispute, fired on Pintu Chamar, causing injury to him and fled away from the spot in Swift Dzire car.
Learned counsel for the appellant submitted that the present accused is a disabled person and he is not able to move properly. He has placed the disability certificate issued by the Chief Medical Officer, Allahabad (Annexure-5), in which it has been mentioned that accused Sabir Langda is having disability of 70 per cent. He next submitted that the injured Pintu Gautam who is said to have received gun shot injury in his stomach, had deposed during trial in the Court that he had not seen the present accused firing on him. He further deposed that some unknown persons had fired on him but due to heavy rush of
people he could not recognise the main assailant. He further submitted that the appellant has not committed any offence and he has been falsely implicated in the present case due to some ulterior motive. He lastly submitted that the appellant, who is in jail since 29.10.2018 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Per contra learned A.G.A. has vehemently opposed the prayer for bail and submitted that the appellant is having a criminal history of two cases, hence he is not entitled to be enlarged on bail.
In reply, learned counsel for the appellant submitted that he has explaint the criminal history.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to be allowed. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned 18.3.2019 passed by the Second Addl. Sessions Judge/Special (SC/ST) Act, Kaushami is hereby set aside.
Let the appellant, Sabir Langda be released on bail in the aforesaid case crime number on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 24.5.2019 Faridul
2 issues framed by the court
Whether the bail application filed by the appellant before the court below deserves to be allowed despite criminal history.
Whether the impugned bail rejection order should be set aside to release the appellant on bail with sureties.
Sabir Langda
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
