Criminal appeal under Section 14-A(2) SC/ST Act against rejection of bail in an embezzlement case involving forgery and cheating charges. The appellant had returned the embezzled amount. The High Court held the court below erred, set aside the order and granted bail with conditions.
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Neutral Citation No. - 2024:AHC:179674
Court No. - 83
Case :- CRIMINAL APPEAL No. - 3113 of 2024 Appellant :- Rahul Soni Respondent :- State of U.P. and Another Counsel for Appellant :- Gaurang Dwivedi,Raj Kumar Kesari Counsel for Respondent :- Anil Kumar Dubey,G.A.,Ram Milan Dwivedi
Hon'ble Ms. Nand Prabha Shukla,J.
Affidavit of compliance filed by learned counsel for the appellant today is taken on record.
Heard learned counsel for the appellant, learned AGA for the State, Sri Ram Milan Dwivedi, learned counsel for the opposite party no. 2 and perused the record.
The present criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the bail rejection order dated 15.3.2024 passed by learned Additional Sessions Judge/Special Judge (SC/ST Act) Banda in Bail Application No. 311 of 2024 (Rahul Soni vs. State of U.P.) arising out of Case Crime No. 949 of 2023 under Sections 419, 420, 467, 468, 471, 409, 504, 506 IPC and sections 3(2)(v) of SC/ST Act, Police Station Kotwali Nagar, District Banda.
It has been submitted by learned counsel for the appellant the bail application of the appellant was rejected mainly on the ground that Rs. 3,50,000/- was embezzled by the appellant and the amount was disbursed in his account. Learned counsel for the appellant states that he has already returned the said amount through RTGS on 12.6.2024 in favour of first informant Rohit Srivas. The trial is yet to be concluded. The appellant is languishing in jail since 23.1.2024 and there is no criminal history against the appellant except the present case. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court.
Per contra, learned A.G.A. as well as learned counsel for the opposite party no. 2 opposed the prayer for bail but could not dispute the aforesaid facts.
I have considered the rival submissions made by the learned
counsel for the parties and have gone through the entire record including the impugned order carefully.
Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is to be allowed.
Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.
Considering the aforesaid facts and circumstances, let the appellant-Rahul Soni involved in Case Crime No. 949 of 2023 under Sections 419, 420, 467, 468, 471, 409, 504, 506 IPC and sections 3(2)(v) of SC/ST Act, Police Station Kotwali Nagar, District Banda be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 18.11.2024 Puspendra
Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Special Judge's bail rejection order should be set aside and bail granted to the appellant.
3 provisions across 3 enactments
Rahul Soni
State of U.P.
Nand Prabha Shukla
As recorded by the court registry
3 orders share this CNR
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