This court allowed a criminal appeal filed to set aside an order rejecting the appellants bail application. The court granted bail citing the prior bail of a similarly circumstanced co-accused.
Appellant released on bail by furnishing personal bonds and two sureties each of like amount, subject to cooperation in trial and not jumping bail.
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Court No. - 50
Case :- CRIMINAL APPEAL No. - 1871 of 2021
Appellant :- Aman Kashyap Respondent :- State Of U.P.And Another Counsel for Appellant :- Ayank Mishra Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed on behalf of the appellant is taken on record.
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 23.09.2020, passed by Special Judge SC/ST (P.A.) Act, Moradabad, in Case Crime No. 631 of 2020, under Sections - 302, 452, 147, 148, 149, 336, 504, 506 I.P.C. and Sections - 3(2)(v), 3(2) (va), 3(1) (Dha) SC/ST (P.A.) Act, P.S. Majhola, District Moradabad.
Contention, in brief, is that similarly circumstanced co-accused - Mohan Gangwar has already been admitted to bail by this Court in Criminal Appeal No. 958 of 2021 on 16.07.2021, copy whereof has been annexed as Annexure No. S.A.-1 to the supplementary affidavit filed in support of this appeal. The case of the present applicant is identical to that of co-accused, who has already been admitted to bail. 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 07.06.2020.
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 23.09.2020, rejecting the bail of the appellant is set aside.
Let the accused-appellant - Aman Kashyap 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 :- 23.10.2021 S Rawat
2 issues framed by the court
Whether the appellant is entitled to bail given that a similarly circumstanced co-accused has already been granted bail by this Court.
Whether the impugned order rejecting the bail application of the appellant should be set aside.
Aman Kashyap
State Of U.P.
Another
Arvind Kumar Mishra
As recorded by the court registry
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