Masook Ahmad vs State Of U.P.
2021 Latest Caselaw 7021 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL REVISION No. - 1033 of 2021
 

 
Revisionist :- Masook Ahmad
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Deepak Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Deepak Kumar Tripathi, learned counsel for the revisionist, learned AGA for the State through video conferencing and perused the record.

This revision has been filed challenging order dated 8.3.2021 passed by the Additional District and Sessions Judge (POCSO Act-1) Sant Kabir Nagar in Criminal Appeal No.36 of 2015 (Masook Ahmad and others Vs. State of U.P.) as well as judgment and order dated 30.11.2015 passed by Judicial Magistrate, Sant Kabir Nagar in Case No.284 of 2015 (State vs. Masook Ahmad and others) arising out of Case Crime No.716 of 2011, under sections 323, 324, 504, 506 IPC, Police Station Dudhara, District Sant Kabir Nagar, convicting the revisionist maximum three years of rigorous imprisonment and fine in aforesaid sections.

Admit

Issue notice.

Summon the Lower Court record.

It is submitted by learned counsel for the revisionist that revisionist is innocent and has been falsely implicated in this case. No such incident took place and false FIR has been lodged against the revisionist. There are severe contradiction in the statement of prosecution witnesses and prosecution has failed to prove the case against the revisionist. Learned counsel for the revisionist further submitted that learned Trial Court without appreciating the evidence has passed impugned order of conviction and the appeal preferred has also been wrongly dismissed. Learned counsel further submitted that the revisionist was on bail during trial and also during pendency of appeal. He has not misused the liberty of bail during that period. Lastly it is submitted that due to huge pendency of criminal revision before the court, there is no possibility of early hearing of criminal revision. The revisionist is in jail since 24.12.2020.

Learned AGA opposed the prayer for bail.

Considering the submission of learned counsel for the revisionist, the revisionist has made out a case for bail.

Let revisionist Masook Ahmad be released on bail in the aforementioned case on furnishing a personal bond and two sureties of the like amount to the satisfaction of court concerned.

Copy of the order downloaded from the official website of this Court shall be accepted as a true copy of this order.

The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

List before appropriate Bench after receipt of record of court below.

Order Date :- 5.7.2021

Kpy