Allahabad High Court
Raees And Another vs State Of U.P. on 8 April, 2025
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:51070-DB
Court No. - 43
Case :- CRIMINAL APPEAL No. - 817 of 2005
Appellant :- Raees And Another
Respondent :- State of U.P.
Counsel for Appellant :- M.A. Khan,Nazrul Islam Jafri,R.K. Khanna,Rupak Chaubey,Sunil Vashistha,V.P. Srivastava,Yogesh Kumar Srivastava
Counsel for Respondent :- Govt. Advocate
With
Case :- CRIMINAL APPEAL No. - 818 of 2005
Appellant :- Indraz And Others
Respondent :- State of U.P.
Counsel for Appellant :- V.P. Srivastava,Manoj Kumar
Counsel for Respondent :- Govt. Advocate
Hon'ble Vivek Kumar Birla,J.
Hon'ble Praveen Kumar Giri,J.
Re: Criminal Misc. Withdrawal Application No. 25 of 2025 in Criminal Appeal No.817 of 2005 (Raees and Another vs. State of UP and Others)
1. Heard Shri Yogesh Kumar Srivastava, learned counsel appearing for the appellants/applicants.
2. The instant withdrawal application has been filed seeking withdrawal of the Criminal Appeal No. - 817 of 2005 filed against the judgment and order dated 11.02.2005 passed by Shri Dharam Singh, Additional Sessions Judge, Court No.3, Moradabad, in Session Trial No. 628 of 2003, State Vs. Indraz and others convicting and sentencing the appellants Raees and Zulfkar under Section 148 IPC for six months R.I. each and further under Section 324 IPC read with Section 149 IPC for two years R.I. each.
3. This withdrawal application has been filed by both the appellants namely, Raees son of Fida Hussain and Zulfkar son of Jahid to withdraw the present appeal.
4. In paragraph No.3 of the withdrawal application, it is stated that after serving 20 years of incarceration both the appellants were released by the State Government in pursuance of the G.O. dated 01.08.2018.
5. In paragraph No.4 of the application, it is stated that both the appellants do not want to press the criminal appeal and they want to withdraw the appeal.
6. Vide order dated 05.03.2025, non-bailable warrants were issued against both the appellants including other appellants in the connected appeal.
6. In paragraph No.5 of the application, it has been stated that pursuant to the aforesaid order appellant No.1 namely, Raees was arrested and he is in jail since 17.03.2025.
7. This application is allowed, consequently, the appeal stands dismissed as withdrawn.
8. In view of the fact that the present appeal is being withdrawn by the appellants, appellant No.1, Raees, is directed to be released forthwith from jail and insofar as other appellant Zulfkar is concerned, order dated 05.03.2025 stands recalled.
Re: Criminal Appeal No.817 of 2005 (Raees and Another vs. State of UP and Others)
1. Dismissed as withdrawn.
2. The connected appeal has been filed against the judgment and order dated 11.02.2005 passed by Shri Dharam Singh, Additional Sessions Judge, Court No.3, Moradabad, in State Vs. Indraz and others convicting and sentencing the appellants Indraz, Kasam, Haneef and Liyaqat under Section 148 IPC for six months R.I. each and further under Section 324 IPC read with Section 149 IPC for two years R.I. each.
3. Supplementary affidavit filed in the connected Criminal Appeal No. 818 of 2005 is taken on record.
4. The connected appeal is cognizable by the learned Single Judge and was directed to be connected with the leading appeal as the same is arising out of the same impugned judgment.
5. The connected appeal is de-tagged.
6. Office is directed to list the connected appeal before the appropriate Court on 16.04.2025.
7. The record of the leading appeal shall remain connected.
Re: Criminal Misc. Bail Application No.4 of 2025 filed in Criminal Appeal No.818 of 2005 (Indraz and Others vs. State of U.P.)
1. The present bail application has been on behalf of accused appellant no.2- Kasam son of Buddha, appellant no.3-Haneef son of Rasheed, appellant no.4-Liyakat son of Majar Hussain, to release them on bail in Sessions Trial No.628 of 2003, arising out of case crime no.615 of 2002, under Sections 148, 324 read with 149 IPC, Police Station Bhojpur, District Moradabad.
2. Vide order dated 05.03.2025 non bailable warrants were issued against the accused appellant no.2, Kasam son of Buddha, appellant no.3-Haneef son of Rasheed, appellant no.4-Liyakat son of Majar Hussain. Learned counsel appearing for the accused appellants submits that the appellants are in jail since 17.03.2025.
3. Without going into merits of the matter, let the accused accused appellant no.2- Kasam son of Buddha, appellant no.3- Haneef son of Rasheed, appellant no.4- Liyakat son of Majar Hussain be released on bail in the above case on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to furnishing an undertaking that they will co-operate in the hearing of the appeal.
4. The bail application is allowed.
Re: Criminal Misc. Recall Application no.5 of 2025 in Criminal Appeal No.818 of 2005 (Indraz and Others vs. State of U.P.)
1. Present recall application has been filed for recalling the order dated 05.03.2025 whereby non bailable warrants were issued against the appellants.
2. This application is allowed.
3. In the facts and circumstances of the case, the order dated 05.03.2025 is recalled.
Re: Criminal Appeal No.818 of 2005 (Indraz and Others vs. State of U.P.)
1. Office is directed to list this appeal before the appropriate Court on 16.04.2025.
Order Date :- 8.4.2025
K.Tiwari
