Allowed

Shukveer v. State of U.P.

Allahabad HC22 May 2019CRLA/1651/2019

Case brief

AI extract

What is this about?

The High Court allowed an appeal challenging the denial of bail under the SC/ST (Prevention of Atrocities) Act. The appellant claimed false implication due to a property dispute. The Court found it a fit case for bail and set aside the lower order.

What did the court decide?

Appeal allowed; impugned order set aside; appellant released on bail on furnishing a personal bond and two reliable sureties.

Shukveer Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No. - 71 Case :- CRIMINAL APPEAL No. - 1651 of 2019 Appellant :- Shukveer Respondent :- State Of U.P. Counsel for Appellant :- Prem Shankar Pandey,Lalit Kumar Shukla Counsel for Respondent :- G.A.,Shashi Shekhar Mishra

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Hon'ble Ajit Singh,J.

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Counter affidavit filed today on behalf of the State, is taken on record.

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Heard learned counsel for the appellants, learned counsel for the opposite party no.2 and learned A.G.A. for the State. Perused the record.

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This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 01.12.2018 passed by Additional Session Judge, Court No.2, Mathura in Bail Application No.3281/2018 (Sukhveer Vs. State of U.P.), arising out of Case crime No.478/2018, under Sections 376-D I.P.C. and 3(2)(V)(Ka) SC/ST Act, P.S. Goverdhan, District Mathura, seeking bail in the aforesaid sections.

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Learned counsel for the accused/appellant submitted that the appellant is quite innocent and has been falsely implicated in the present case due to ulterior motive. He submitted that the appellant has sold a tractor to the husband of the victim, Lekhraj and document of salepurchase was executed between Sukhveer and the victim and her husband, Lekhraj, copy whereof has been annexed on page no.44 of the paper book, in which it has been mentioned that the victim and her husband has agreed to to purchase the tractor and another implements of Shukhveer for Rs.8 lacs, out of which Rs.4 lacs were paid and the rest amount was to be paid later-on. He further submitted that when the appellant Shukhveer went to house of the victim and demanded the rest of the amount then the police was called and false and frivolous first information report was lodged on the next day against the present appellant so that the complainant and her husband could not be compelled to repay the rest amount. He further submitted that the prosecution story as alleged in the first information report is totally false and baseless because the victim and the appellant are the resident of the same area and the false story has been concocted that the present appellant came there and requested to park their motor-cycle. He further submitted that the appellant is languishing in jail since 15.08.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Per contra, learned counsel for the opposite party no.2 and the learned A.G.A., for the State have vehemently opposed the prayer for bail but does not dispute the fact that an agreement regarding the sale of tractor and other implements was executed between the appellant and the complainant.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.

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Let the appellant-applicant Shukveer be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.

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Order Date :- 22.5.2019

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R./

Shukveer v. State of U.P.

Case brief

What is this about?

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Shukveer v. State of U.P.

Case brief

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