Criminal Appeal Number : 10516 of 2023
Case title : Khaliq Ahmad vs State of UP
Counsel : Deepak Maurya and Sahil Srivastava
Order dated : 20/11/2023.
The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the impugned order dated 20.09.2023 whereby the Special Judge, SC/ST Act, Saharanpur has rejected the bail application of the appellant moved by him in Case Crime No.287 of 2023, under Sections 147, 323, 328, 376D, 504,506 of IPC and Section 3(2) (V) of SC/ST Act, Police Station Kotwali Dehat, District Saharanpur.The allegations included gang rape, theft, and caste-related abuse.
It was argued that the appellant, aged 75, claimed innocence and futher contended that he was falsely implicated due to his friendship with the accused.
The court observed that the trial court had not adequately considered the appellant's case and, without expressing an opinion on the merits, set aside the order of rejection. Considering the appellant's fundamental right to a speedy trial, the court granted bail with specific conditions. These conditions included not influencing witnesses, appearing before the trial court as required, refraining from criminal activities, and providing an undertaking not to seek unnecessary adjournments.
The court emphasized that the observations made were limited to the bail application and did not reflect an opinion on the case's merits. The trial court was urged to expedite the proceedings, and any breach of bail conditions could lead to cancellation. The appellant was released on bail on the mentioned conditions.
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