Allowed

Nafis v. State of U.P.and Another

Allahabad HC6 Sept 2021CRLA/1896/2021

Case brief

AI extract

What is this about?

In Criminal Appeal No. 1896 of 2021, this Court allowed the appeal against the order rejecting bail under Section 14-A (2) of the SC/ST Act. Finding no convincing justification for maintaining the rejection order, the Court granted bail subject to personal bond and two sureties with conditions regarding cooperation in trial.

What did the court decide?

Impugned order rejecting bail set aside; accused released on bail with personal bonds and two sureties subject to conditions.

Nafis Vs State of U.P.and Another — Service and Employment | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 1896 of 2021

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Appellant :- Nafis Respondent :- State Of U.P.And Another Counsel for Appellant :- Syed Mohammad Abbas Abdy,Rakesh Kumar Rathore,Sushil Kumar Counsel for Respondent :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.

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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 12.03.2021 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Jalaun at Orai, in Case Crime No.0033 of 2021, under Sections 379, 504, 506, 427 I.P.C., 3(1)Da and 3(1) (Dha) SC/ST Act, P.S. Kotwali Jalaun, District Jalaun.

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Contention, in brief, is that insofar as the incident is concerned, the applicant did not participate in the present incident. Mere presence that too casual without any specific role is cause of the involvement of the appellant that too out of animosity and deliberation between the informant and the police. Co-accused Rizvan whose role is graver than the present applicant has already been admitted to bail by coordinate Bench of this Court in Criminal Appeal No.1734 of 2021 on 24.08.2021. 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 06.03.2021.

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Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.

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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

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this appeal.

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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.

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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.

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Accordingly, this appeal is allowed and the impugned order dated 12.03.2021, rejecting the bail of the appellant is set aside.

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Let the accused-appellant Nafis 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.

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Order Date :- 6.9.2021 rkg

Nafis v. State of U.P.and Another

Case brief

What is this about?

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Nafis v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

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