Allahabad High Court
Tufail Ahmad vs State Of U.P.And Another on 17 June, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL APPEAL No. - 1488 of 2021
Appellant :- Tufail Ahmad
Respondent :- State Of U.P.And Another
Counsel for Appellant :- Syed Ahmad Naseem
Counsel for Respondent :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard counsel for the parties and perused the record.
The present appeal under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed against the order dated 15.3.2021 whereby the bail application filed by the appellant has been rejected.
Counsel for the appellant argues that an FIR was lodged on 26.12.2020 without giving name of any person. Subsequently, in the statement recorded under Section 161 CrPC, the informant stated that certain persons tried to put him below and tried to strangulate him. He further stated that out of the said persons, one of the person could be recognized by him who was Anoop Srivastava, who had earlier also tried to attack the informant. Subsequently, the name of the appellant surfaced in the statement of the co-accused Anoop Srivastava wherein the name of the appellant and five other persons was taken.
Counsel for the appellant argues that there is no credible evidence/material as against the appellant. He further argues that Vinod Sonkar, one of the co-accused, whose case was similarly placed as that of the appellant has been enlarged by this Court on 15.6.2021 in Criminal Appeal No. 14933 of 2021.
I have perused the FIR, evidence, statement against the appellant as well as the order dated 15.6.2021 coupled with the fact that the appellant is in custody since 27.12.2020 and there is nothing on record to demonstrate that if the appellant is enlarged on bail, it would affect the trial adversely, as such, the appeal deserves to be allowed.
The appeal is, accordingly, allowed and the impugned judgment and order dated 15.3.2021 passed in Criminal Misc. Bail Application No. 1709 of 2021 is set aside.
Let the appellant Tufail Ahmad involved in Case Crime No. 635 of 2020, under Sections 323, 504, 353, 332, 307, 452, 120-B, 333, 325 IPC and 3 (2) V SC/ST Act, Police Station Khuldabad, District Allahabad be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The appellant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. The appellant will not tamper with the witnesses.
3. The appellant will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.6.2021
vinay
