Allahabad High Court
Shanu Qureshi vs State Of U.P. And Another on 16 January, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL APPEAL No. - 748 of 2020
Appellant :- Shanu Qureshi
Respondent :- State of U.P. and Another
Counsel for Appellant :- Rashid Ahmad,Amrit Kumar Tiwari,Krishan Kumar
Counsel for Respondent :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant-appellant, Sri Aniruddh Kumar Singh-I, learned A.G.A. for the State and perused the record.
Instant criminal appeal under section 14-A(2) of SC/ST Act (Prevention of Atrocities) Act, has been filed challenging the Judgment and order dated 4.12.2019 passed by Special Judge, SC/ST Act, Sitapur in Bail Application No. 3846 of 2019, Shanu Qureshi Vs. State of U.P., arising out of Case Crime No.0125 of 2019, under Sections 328, 302 I.P.C. Section 60A of Excise Act & Section 3(2) (V) SC/ST Act, Police Station Mahmoodabad, District Sitapur. It has also been prayed that the appellant-applicant may be released on bail in the aforesaid sections during the pendency of trial.
Learned counsel for the applicant-appellant submits that the applicant is not named in the F.I.R. and on the basis of suspicion, he has been named and arrested in the instant matter. The F.I.R. is delayed by three days and no plausible explanation thereof has been furnished in the F.I.R. Identically situated co-accused, namely, Chhotu @ Navneet and Atul have already been enlarged on bail by the order passed by the co-ordinate Bench of this Court in Criminal Appeal Nos. 354 of 2020 and 348 of 2020, vide orders dated 19.4.2022 and 19.4.2022 respectively. The case of the present appellant is on better footing and, thus, the applicant is seeking parity of the orders aforesaid. The applicant is a law abiding citizen who is languishing in jail since 6.6.2019. There is criminal history of three cases against the applicant which has been mentioned in para 17 of the affidavit dated 13.9.2020. There is no possibility of conclusion of the trial in near future. In case he is granted bail, he will not misuse the liberty and will co-operate in the trial proceedings.
Learned A.G.A. for the State has vehemently opposed the contention aforesaid and submits that after thorough investigation, it was found that the appellant is involved in committing the offence, as such, charge sheet has been filed against him. However, he could not dispute the fact that identically situated co-accused accused, namely, Chhotu @ Navneet and Atul have already been enlarged on bail by the co-ordinate Bench of this Court.
Having heard learned counsel for the parties and after perusal of the material placed on record, it is evident that the appellant-applicant is not named in the F.I.R.; there is delay of three days in lodging the F.I.R. but no plausible explanation thereof has been furnished; identically situated co-accused persons have already been enlarged on bail by the co-ordinate Bench of this Court; and the applicant is languishing in jail since 6.6.2019.
Resultantly, in the above facts and circumstances of the case and the arguments advanced on behalf of both the side and the facts that the trial of the case is not likely to be concluded in near future, hence, the appeal has substance and it is accordingly allowed and the the Judgment and order dated 4.12.2019 passed by Special Judge, SC/ST Act, Sitapur in Bail Application No. 3846 of 2019, Shanu Qureshi Vs. State of U.P., is hereby set aside.
Let the applicant-appellant Shanu Qureshi involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
1. The applicant-appellant will not tamper with the evidence.
2. The applicant-appellant will not indulge in any criminal activity.
3. The applicant-appellant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant-appellant will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
Order Date :- 16.1.2023
Ram Murti
