Single Bench allowed Criminal Appeal, set aside order rejecting bail, and directed release of appellant on personal bonds and two sureties subject to cooperation in trial.
Release on bail with personal bonds and two sureties; cooperation in trial.
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Court No. - 50
Case :- CRIMINAL APPEAL No. - 1532 of 2021
Appellant :- Aachin @ Vinod Respondent :- State of U.P. and Another Counsel for Appellant :- Vinod Kumar Tirpathi,Devendra Saini,Manoj Kumar Tripathi 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 22.02.2021, passed by Special Judge S.C./S.T., Bijnor, in Case Crime No. 337 of 2020, under Sections - 147, 148, 149, 452, 307, 323, 504 and 120-B I.P.C. and 3(2)V S.C./S.T. Act, Police Station - Najibabad, District - Bijnor.
Contention, in brief, is that similarly circumstanced other coaccused Pankaj Kumar, Kapil and Rajendra have already been admitted to bail by coordinate Bench of this Court, vide order dated 12.02.2021, passed in Criminal Appeal Nos.3075 of 2020, 57 of 2021 and 3145 of 2020, respectively. The case of the present applicant is identical to that of co-accused who have already been admitted to bail. In case the appellants are admitted to bail, there is no possibility of their absconding or misusing the liberty of bail. The appellant is languishing in jail since 11.01.2021.
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 22.02.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant - Aachin @ Vinod 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 :- 20.7.2021 S Rawat
Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.24 12:52:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Criminal Appeal against the rejection of bail is maintainable and should be allowed.
Aachin @ Vinod
State of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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