Allowed

Wasim v. State of U.P. and Another

Allahabad HC22 Jan 2021CRLA/2109/2020

Case brief

AI extract

What is this about?

In a criminal appeal under Section 14-A(2) of the SC/ST Act, 1989 against a bail rejection in a murder case, the High Court allowed the appeal and granted bail. Finding the prosecution evidence lacking and no charge sheet filed, the Court set aside the impugned order and released the appellant on bail with conditions to cooperate in the trial.

What did the court decide?

Impugned order dated 09.07.2020 rejecting bail set aside; appellant released on bail with personal bond and two sureties cooperating in trial.

Wasim Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL APPEAL No. - 2109 of 2020

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Appellant :- Wasim Respondent :- State of U.P. and Another Counsel for Appellant :- Padmaker Pandey,Sunil Kumar Srivastava Counsel for Respondent :- G.A.,Akhilesh Kumar

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Hon'ble Ajit Kumar,J.

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Rejoinder affidavits filed today by learned counsel for the appellant to the counter affidavits filed by learned A.G.A. as well as learned counsel for the complainant are taken on record.

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Heard Sri Padmakar Pandey, learned Counsel for the appellantapplicant, Sri Akhilesh Kumar, learned counsel for the complainant, learned AGA and perused the record.

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This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant- Wasim with the prayer to set aside the bail rejection order dated 09.07.2020 passed by learned Special Judge (SC/ST Act), Saharanpur in Bail Application No. 1911 of 2020 in Case Crime No. 46 of 2020, under Section 302 I.P.C. and Section 3(2)(V) SC/ST Act, P.S.- Rampur Maniharan, District- Saharanpur.

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As per the allegations made in the first information report, the victim was last seen by his wife informant in the company of the applicant before this Court. Later on his dead body was found near the railway track.

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It has been submitted by learned Counsel for the appellantapplicant that the appellant is quite innocent and has been falsely implicated for ulterior motives. It is also argued that there is no evidence available in the matter to convince the Investigating Officer to submit a charge sheet and that is why a final report had been submitted. It is further argued that on the protest petition, the cognizance has been taken by the court below and the applicant is languishing in jail since February 2020 for no reason whatsoever. He submits that the only evidence available to the police is the informant's version recorded under Section 161 Cr.P.C. corroborating the version of FIR, otherwise, there is no evidence and police has not found any weapon from the possession of the appellant so as to link him with the execution of crime as per the anti mortem injuries reported in the post mortem report. It is further argued by the learned counsel that except the present case, the applicant has no criminal history to his credit. However, in the wake of heavy

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pendency of cases in the Court, there is no chance of any early conclusion of trial.

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Though the appeal has been opposed vehemently by the learned A.G.A. as well as learned counsel for the complainant but they could not dispute the aforesaid facts.

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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-applicant has been rejected, impugned herein this appeal.

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Nothing convincing has been argued on behalf of the 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 09.07.2020 rejecting the bail of the appellant is set aside.

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Let the above named accused-appellant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail.

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The concerned Court/Authority/Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 22.1.2021 IrfanUddin

Wasim v. State of U.P. and Another

Case brief

What is this about?

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Wasim v. State of U.P. and Another

Case brief

What is this about?

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