Allowed

Aasif v. State of U.P. and Another

Allahabad HC17 Dec 2021CRLA/4758/2021

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal and set aside the order rejecting the appellant's bail application. The appellant was enlarged on bail subject to personal bonds and two sureties, with conditions to cooperate in the trial and not jump bail.

What did the court decide?

The appellant to be enlarged on bail on furnishing personal bonds and two sureties, subject to conditions of cooperation and not jumping bail.

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

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Court No. - 64

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Case :- CRIMINAL APPEAL No. - 4758 of 2021

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Appellant :- Aasif Respondent :- State of U.P. and Another Counsel for Appellant :- Faizan Siddiqui Counsel for Respondent :- G.A.,R.P. Patel

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Faizan Siddiqui, learned counsel for the appellant; Sri Dhreendra Kumar learned counsel holding brief of learned counsel for the opposite party No. 2; Sri Vikas Goswami , learned AGA for the State and perused the material placed on record.

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This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 12.8.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Bulandshahr, in Case Crime No. 275 of 2021, under Sections

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- 366,. 120-B I.P.C. and Section 3(2)(5) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Pahasu, District - Bulandshahr , whereby bail application of the appellant has been rejected.

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At the outset, learned counsel for the appellant submits, against the FIR lodged on 11.6.2021, the appellant is in confinement since 26.8.2021 ; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; the appellant has no criminal history; chargesheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted by learned counsel for the appellant that undisputedly the victim

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was more than 17 years of age and that she had left her house of her own free will; she is stated to have returned of her own; thus it has been submitted that the appellant has been falsely implicated. Also, it has been submitted, the allegations of violation under SC/ST Act are general and made to lend colour to the story.

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

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Having heard learned counsel for the parties and having perused the record, at present, the order passed by the learned court below rejecting the bail application filed by the appellant, cannot be sustained.

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Without drawing any inference as to facts, in view of the above noted facts & submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant be enlarged on bail at this stage.

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Accordingly, this appeal is allowed and the impugned order dated 12.8.2021, rejecting the bail of the appellant is set aside.

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Let the accused-appellant, namely, Aasif , involved in the aforesaid crime 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 :- 17.12.2021 Faraz

Aasif v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Aasif 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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