Mohd. Afzal Vs State of U.P Thru. Prin. Secy. Deptt. of Home Lko. and 4 Others

Neutral Citation No. - 2024:AHC-LKO:21016

Court No. - 13

Case :- CRIMINAL APPEAL No. - 537 of 2024

Appellant :- Mohd. Afzal Respondent :- State Of U.P Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others Counsel for Appellant :- Firoz Ahmad Khan Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Sri Mulayam Singh Yadav, Advocate on behalf of the opposite party no.2 is taken on record.

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Heard learned counsel for the appellant, learned counsel for the complainant and learned A.G.A. for the State.

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The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 9.2.2024 passed by Special Judge, SC/ST Act, Faizabad/Ayodhya in Bail Application No. 22 of 2024 arising out of F.I.R. No. 48 of 2023, under Sections 147, 148, 149, 332, 353, 307, 504, 506 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Cannt District Ayodhya/Faizabad.

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Learned counsel for the appellant submits that the appellant is an innocent person and he is in jail since 13.4.2023. He further submits that coaccused, Mohd. Ashfaque @ Kallu having identical role, have already been granted bail by this Court, vide order dated 17.01.2024 passed in Criminal Appeal No.1338 of 2023 (bail order is annexed as annexure no.8 to the appeal). In these circumstances, the appellant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer of the appellant for grant of bail, but he conceded the fact that co-accused Mohd. Ashfaque @ Kallu have already been granted bail by this Court.

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Considering the rival submissions of learned counsel for parties, material available on record,

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contents of the F.I.R., other relevant documents, bail order of the co-accused, Mohd. Ashfaque @ Kallu, ground of parity as well as totality of fact and circumstances, I am of the view that the appellant is entitled to be released on bail.

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In view of above facts and circumstances as also keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is accordingly, allowed .

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Order dated 9.2.2024 passed by Special Judge, SC/ST Act, Faizabad/Ayodhya in Bail Application No. 22 of 2024 arising out of F.I.R. No. 48 of 2023, under Sections 147, 148, 149, 332, 353, 307, 504, 506 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Cannt District Ayodhya/Faizabad, is hereby set aside.

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Let appellant Mohd. Afzal , be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :-

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(i) The appellant shall file an undertaking to the effect that he will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The appellant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against

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him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 6.3.2024 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Afzal v. State of U.P Thru. Prin. Secy. Deptt. of Home Lko. and 4 Others

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Mohd. Afzal v. State of U.P Thru. Prin. Secy. Deptt. of Home Lko. and 4 Others

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