Ajim Kaji vs State Of U.P. And Another
2021 Latest Caselaw 3493 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 88
 

 
Case :- CRIMINAL APPEAL No. - 867 of 2021
 

 
Appellant :- Ajim Kaji
 
Respondent :- State of U.P. and Another

Counsel for Appellant :- Sunil Kumar

Counsel for Respondent :- G.A.

Hon'ble Arvind Kumar Mishra-I

Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.

This Criminal Appeal under Section 14-A(2) of Scheduled Castes & The Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 02.02.2021, passed by Special Judge S.C./S.T. Act, Bulandshahar, in Case Crime No. 229 of 2013, under Sections - 147, 148, 149, 307, 323, 504, 506 I.P.C. & Section - 3(2) 5 S.C./S.T. (P.A.) Act, Police Station - Dibai, District - Bulandshahr.

In this case, the appellant claims to have been falsely implicated in this case on account of various claims, which has been brought to the notice of this court by way of this appeal and it has been claimed that in this case so far as the specific role of assault is concerned, the same was imputed against co-accused Aslam Kaji, who has already been acquitted after trial vide order of the trial court concerned dated 13.8.2019 and the copy of the judgment and order has been placed on record as Annexure No.6 to the affidavit filed in support of this appeal and claims that the case of the appellant stands on better footing. In case, the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 21.01.2021.

Learned A.G.A. has though opposed the bail of the appellant but could not dispute the aforesaid fact.

I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant-applicant has been rejected, impugned herein this appeal.

Nothing convincing has been argued on behalf of the complainant/State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.

Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.

Accordingly, this appeal is allowed and the impugned order dated 02.02.2021, rejecting the bail of the appellant is set aside.

Let the accused-appellant, namely, Ajim Kaji involved in the aforesaid crime be released on bail on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellant shall cooperate in the trial and will not jump the bail.

Order Date :- 15.3.2021

S Rawat