Allowed

Mohammad Iliyas Alias Juganu v. State of U.P. and Another

Allahabad HC13 Jan 2021CRLA/2116/2020

Case brief

AI extract

What is this about?

Criminal Appeal filed by Mohammad Iliyas Alias Juganu challenging bail rejection under the SC/ST Act. The Allahabad High Court allowed the appeal and granted bail, setting aside the impugned order.

What did the court decide?

Bail granted to the accused-appellant by setting aside the impugned order dated 04.07.2020, subject to furnishing a personal bond and two sureties.

Mohammad Iliyas Alias Juganu Vs State of U.P. and Another — Narcotics (NDPS) | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL APPEAL No. - 2116 of 2020

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Appellant :- Mohammad Iliyas Alias Juganu Respondent :- State of U.P. and Another Counsel for Appellant :- Ajay Kumar Mishra Counsel for Respondent :- G.A.

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Hon'ble Ajit Kumar,J.

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Heard Sri Ajay Kumar Mishra, learned Counsel for the appellant-applicant, 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- Mohammad Iliyas Alias Juganu with the prayer to set aside the bail rejection order dated 04.07.2020 passed by learned Special Judge (SC/ST Act) Aligarh in S.T. No. 310 of 2020 arising out of Case Crime No. 141 of 2020 under Sections 366/376 I.P.C. and Section 3(2)(Va) SC/ST Act, P.S.- Amroha nagar, District- Amroha.

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As per the allegations made in the first information report, the applicant had enticed away the daughter of the informant who also had taken with her clothes and cash.

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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 the applicant and alleged victim were in love with each other and the girl had gone with the applicant on her own free will. The applicant did not commit any offence of rape upon her. It is further stated that there is no mark of any physical assault reported in the medical examination report. It is further argued by the learned counsel that the applicant has no criminal history to his credit. However, in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicants are languishing in jail since 23.03.2020.

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Though the appeal has been opposed vehemently by the learned A.G.A. but he 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 04.07.2020 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 :- 13.1.2021 IrfanUddin

Mohammad Iliyas Alias Juganu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohammad Iliyas Alias Juganu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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