Allowed

Javed v. State of U.P. and Another

Allahabad HC21 Oct 2021CRLA/4296/2021

Case brief

AI extract

What is this about?

In this criminal appeal, the High Court reviewed the rejection of an application for bail filed by an appellant charged under sections relating to kidnapping, abduction, and aggravated rape under the IPC and SC/ST Act. The court set aside the lower court's order and granted bail.

What did the court decide?

The appellant, Javed, was released on bail upon furnishing personal bonds and two sureties to the satisfaction of the Court.

Javed Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 4296 of 2021

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Appellant :- Javed Respondent :- State of U.P. and Another Counsel for Appellant :- Santosh Kr. Singh Paliwal 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 07.07.2021, passed by Special Judge (SC/ST Act), Azamgarh, in Special S.T. No. 63 of 2021, arising out of Case Crime No. 196 of 2020, under Sections - 363, 366, 376-D, 506 I.P.C. & 3(2)5 SC/ST Act, Police Station - Bilariyaganj, District - Azamgarh.

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Contentions are manifolds; prime being that initially the first information report was lodged against the appellant under Sections - 363, 366 I.P.C. Thereafter, when the statement of the prosecutrix under Section - 164 Cr.P.C. was recorded, the case was brought under Section - 376-D I.P.C. as four persons committed rape on the prosecutrix. However, the prosecutrix was unable to identify as to who committed rape upon the prosecutrix. Similarly circumstanced, another co-accused - Furkan has already been admitted to bail by this Court in Criminal Appeal No.1493 of 2021, vide order dated 27.08.2021. Copy of bail order has been produced by learned counsel for the appellant, the same is taken on record. 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 23.02.2021.

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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 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

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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 07.07.2021, rejecting the bail of the appellant is set aside.

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Let the accused-appellant - Javed 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 :- 21.10.2021 S Rawat

Javed v. State of U.P. and Another

Case brief

What is this about?

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Javed v. State of U.P. and Another

Case brief

What is this about?

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What the court decided

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