Allowed

Kunwar Bahadur v. State of U.P. and Another

Allahabad HC14 Aug 2018CRLA/2597/2018

Case brief

AI extract

What is this about?

This Criminal Misc. Bail Application considered an appeal filed under Section 14-A of the ST(PA) Act against a bail rejection. Relying on the bail granted to a co-accused to establish parity, the court allowed the appeal, quashed the impugned order, and granted bail to the appellant.

What did the court decide?

Criminal Appeal allowed; Impugned order dated 6.4.2018 quashed; Appellant released on bail with personal bond and two sureties each.

Kunwar Bahadur Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2018)

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Court No. - 45

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Case :- CRIMINAL APPEAL No. - 2597 of 2018

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Appellant :- Kunwar Bahadur Respondent :- State Of U.P. And Another Counsel for Appellant :- Arimardan Singh Rajpoot Counsel for Respondent :- G.A.

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Hon'ble Siddharth,J.

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Criminal Misc. Bail Application No.01 of 2018

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As per the office report dated 13.8.2018, service of notice on the opposite party No.2 is deemed sufficient.

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This criminal appeal has been filed by the learned counsel for the appellant under Section 14-A of the Schedules Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 for setting aside the impugned order dated 6.4.2018 passed by the Special Judge, S.C./S.T., Additional District Judge, (Court No.2), Mahoba, whereby Bail Application No.209 of 2018 (Kunwar Bahadur Vs. State of U.P.) has been rejected, arising out of Case Crime No.172 of 2017, under Sections 436, 341, 504, 506, IPC and Sections 3(1)(Da)(Dha), 3(2)4, 3(2)(5)Ka of the Schedule Caste and Schedule Tribes (Prevention of Atrocities Act), P.S. Panwadi, District Mahoba.

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Heard learned counsel for the appellant, learned AGA for the State and perused the record.

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It has been contended by the learned counsel for the appellant that the co-accused Munna @ Ramsingh has been granted bail by this Court vide order dated 9.11.2017 in Criminal Appeal No. 3772 of 2017 and the case of the appellant stands on identical footing, hence the appellant is also entitled for bail on the ground of parity. The appellant is in jail since 30.3.2018.

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Bail order of aforesaid co-accused has been annexed as annexure-4 at page 35 to 36 of the bail application.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.

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Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case

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as well as the sentence awarded to the appellant, I am of the opinion that the appellant is entitled to be released on bail.

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Let the appellant Kunwar Bahadur be released on bail in Case Crime No.172 of 2017, under Sections 436, 341, 504, 506, IPC and Sections 3(1)(Da)(Dha), 3(2)4, 3(2) (5)Ka of the Schedule Caste and Schedule Tribes (Prevention of Atrocities Act), P.S. Panwadi, District Mahoba on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

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The impugned order dated 6.4.2018 passed by the Special Judge, S.C./S.T., Additional District Judge, (Court No.2), Mahoba is quashed. The appeal is allowed.

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Order Date :- 14.8.2018 T. Sinha

Kunwar Bahadur v. State of U.P. and Another

Case brief

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Kunwar Bahadur v. State of U.P. and Another

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