Allahabad High Court
Moinuddin @ Munna vs State Of U.P. And Another on 9 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 93 Case :- CRIMINAL APPEAL No. - 10061 of 2022 Appellant :- Moinuddin @ Munna Respondent :- State of U.P. and Another Counsel for Appellant :- Zia Uddin Ahmad,Fahad Alim Counsel for Respondent :- G.A. Hon'ble Surendra Singh-I,J.
Heard Sri Zia Uddin Ahmad, learned counsel for the appellant, Sri Laxman Prasad, learned A.G.A. for the State and perused the record.
Notice on respondent no. 2 has been sufficiently served.
The present criminal appeal under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 11.04.2022 passed by Special Judge, (S.C./S/.T. Act)/ Additional Session Judge, Allahabad, whereby the learned Judge has rejected the Bail Application No. 1195 of 2022 (Moinuddin @ Munna Vs. State of U.P.) moved on behalf of the appellant in Case Crime No. 58 of 2022 under Sections 302, 120-B, 34 I.P.C., Section 7 of Criminal Law Amendment Act, Section 4/5 of Explosive Substances Act & Section 3(2)(V) of S.C./S.T. Act, Police Station- Kareli, District- Prayagraj.
It has been submitted on behalf of the appellant that :-
(i) the appellant has not been named in the first information report;
(ii) the appellant has been made an accused on the basis of subsequent statement of informant on 09.03.2022 which was based on the information given by the informer (mukhbir);
(iii) no incriminating article has been recovered from appellant's possession;
(iv) identically circumstanced co-accused persons, namely, Saiyad Shafil Shafeeq, Sarfaraz, Anis, Danish @ Muzammil, Asif @ Inne and Mohd. Hasan @ Hasan have already been enlarged on bail by coordinate Benches of this Court vide orders dated 23.09.2022, 27.09.2022, 12.10.2022, 10.11.2022 and 30.11.2022 passed in Criminal Appeal Nos. 3995 of 2022, 3979 of 2022, 7311 of 2022, 7331 of 2022, 4559 of 2022 and 7444 of 2022 respectively; and
(v) the appellant is in jail since 09.03.2022 and has explained the criminal history of two cases in paragraph no. 18 of the affidavit filed in the bail application which were registered against him after his arrest in the present case. In case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra, learned A.G.A. for the State has opposed the prayer for bail of the appellant but he could not dispute the aforesaid factum of the case as argued by the learned counsel for the appellant.
Considering the submissions made on behalf of both the learned counsel for the appellant and learned A.G.A., facts and circumstances of the case, statement of informant, period of incarceration undergone by the appellant and that identically circumstanced co-accused persons, namely, Saiyad Shafil Shafeeq, Sarfaraz, Anis, Danish @ Muzammil, Asif @ Inne and Mohd. Hasan @ Hasan, have already been enlarged on bail by coordinate Benches of this Court but without expressing any opinion on the merits of the case, this Court is of the opinion that the appellant has made out a case for bail.
Accordingly, the appeal is hereby allowed. The impugned order rejecting the bail application of the appellant is hereby set aside.
Let the appellant, Moinuddin @ Munna, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) That the appellant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless his presence is exempted by the court.
(ii) That the appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) That after his release, the appellant shall not involve in any criminal activity.
(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the appellant on bail.
It is made clear that in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the appellant.
It is also made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court/J.J.Board shall be absolutely free to arrive at its independent conclusion on the basis of evidence led, uninfluenced by any finding or observation whatsoever in this order.
Order Date :- 9.2.2023 KS