The High Court allowed the bail appeal against the Special Judge (SC/ST Act)'s order rejecting bail. The Court held that the appellant, facing charges under IPC and SC/ST Act, has made out a case for bail despite the nature of the offences.
Appellant released on bail by furnishing personal bond and two sureties subject to specific conditions.
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. - 4621 of 2019
Appellant :- Enamulhaq Alias Salman Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Sanjay Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta, J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
In para 7 of the counter affidavit filed by Shri Ram Janam, Circle Officer, Sagri, District Azamgarh, it has been stated that information/notice regarding filing of present criminal appeal has been given to the Opposite Party No.2 Gulab Chand Mali and the photostat copy of the notice has been annexed as Annexure No.C.A.-1 to the counter affidavit, however, despite service of notice, none has appeared on his behalf.
This criminal appeal has been preferred by the appellant against the bail rejection order dated 04.07.2019 passed by learned Special Judge (SC/ST Act), Azamgarh in Bail Application No.17 of 2019 (Enamulhaq Alias Salman Vs. State of U.P.), arising out of Case Crime No.119 of 2019, under Sections 147, 323, 504, 506, 308, 354Ka, 336 IPC and Section 3(1)Da, 3(1) Dha, 3(2)5Ka of SC/ST Act, P.S. Mubarakpur, District Azamgarh seeking his release on bail.
Learned counsel for the appellant has submitted that the appellant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
As per the allegations made in the FIR, as many as seven persons are said to have assaulted the victim Vishal Chandra, due to which, he suffered injuries on his person. As per the injury report, the victim has suffered one injury on his head and has been advised X-Ray. The CT Scan of the head injury of the victim shows that no abnormality has been detected in the said injury and the other injuries found on the person of the victim are simple in nature.
Learned counsel for the appellant has next submitted that the coaccused Ehsan has already been granted bail by this Court in Criminal Appeal No. 4282 of 2019 vide order dated 19.06.2019.
Learned counsel for the appellant has next submitted that the appellant is in jail since 21.05.2019 and he has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail but could not
dispute the aforesaid facts and the fact that the appellant is in jail since 21.05.2019 and he has no criminal history to his credit and that no specific role has been assigned to the appellant.
I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.
Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed.
Accordingly, the appeal is allowed and the impugned order dated 04.07.2019 rejecting the bail application of the appellant is set-aside .
Let the appellant Enamulhaq Alias Salman involved in Case Crime No.119 of 2019, under Sections 147, 323, 504, 506, 308, 354Ka, 336 IPC and Sections 3(1)Da, 3(1) Dha, 3(2)5Ka of SC/ST Act, P.S. Mubarakpur, District Azamgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 1.10.2019 Nadim
2 issues framed by the court
Whether the impugned order rejecting bail under the SC/ST Act and IPC sections was sustainable?
Whether the appellant made out a strong case for release on bail?
Enamulhaq Alias Salman
State Of U.P.
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
