Criminal appeal under Section 14-A(2) of the SC/ST Act challenging rejection of bail. The court held the impugned order suffered from infirmity and illegality, allowed the appeal, and granted bail subject to conditions including non-tampering with evidence and appearance before the trial court.
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Neutral Citation No. - 2024:AHC:176071
Court No. - 83
Case :- CRIMINAL APPEAL No. - 5544 of 2024
Appellant :- Amit Respondent :- State of U.P. and Another Counsel for Appellant :- Santosh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
List has been revised.
None appears for the respondent No. 2 despite service of notice.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
This Criminal Appeal has been preferred under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside the impugned order dated 30.04.2024 passed by the Special Judge, SC/ST (P.A.) Act, Moradabad in S.T. No. 880 of 2023, being Case Crime No. 180 of 2013, under Sections 323, 504, 506 IPC and Section 3(1)(x) of the SC/ST Act, Police Station-Chhajlet, District-Moradabad.
It has been submitted by learned counsel for the appellant that the appellant was already released on bail in Case Crime No 180 of 2013, under Sections 323, 504, 506 IPC and Section 3(1)(x) of the SC/ST Act, Police Station-Chhajlet, District-Moradabad. Due to non-appearance in the trial proceedings, the non-bailable warrants were issued on 14.01.2021. The appellant was falsely implicated in a false case in Case Crime No. 73 of 2024 under Section 3/25 of the Arms Act, Police Station-Chhajlet, District-Moradabad and has already been released on bail on 09.04.2024. The appellant has no other criminal history and is languishing in jail since 04.04.2024.
On the other hand, learned A.G.A. for the State opposed the prayer for bail and 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, complicity of the accused, severity of punishment, this Court is of the opinion that the appellant has made out a fit case for bail. The learned trial Court erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside.
Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.
Let the appellant- Amit involved in Case Crime No. 180 of 2013, under Sections 323, 504, 506 IPC and Section 3(1)(x) of the SC/ST Act, Police Station-Chhajlet, District-Moradabad be released on bail on furnishing a personal bond and two 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 :- 11.11.2024 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court erred in rejecting the appellant's bail application in a pending SC/ST Act case despite his earlier release on bail.
4 provisions across 3 enactments
Amit
State of U.P.
Nand Prabha Shukla
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
