Allowed

Narayan Singh v. State of U.P. and Another

Allahabad HC21 May 2019CRLA/2534/2019

Case brief

AI extract

What is this about?

This criminal appeal was filed to challenge the bail rejection order in a case under Section 304 IPC and the SC/ST Act. The appellate court, without examining merits, held that the bail application deserved to be allowed. Consequently, the impugned order was set aside, and the appellant was directed to be released on bail.

What did the court decide?

Impugned order dated 7.3.2019 setting aside and grant bail on personal bond and two sureties.

Narayan Singh Vs State of U.P. and Another — Allahabad HC (2019) — LawSathi Research

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 2534 of 2019

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Appellant :- Narayan Singh Respondent :- State Of U.P. And Another Counsel for Appellant :- Mukesh Kumar Upadhyay,Atul Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material on record.

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This criminal appeal under Section 14 A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 7.3.2019 passed by the Second Addl. Sessions Judge/Special Judge (SC/ST) Act, Aligarh in Criminal Misc. Bail Application No. 749 of 2019, arising out of Case Crime no. 745 of 2018, under Sections 304 I.P.C. and Section 3(2)V SC/ST Act, P.S. Iglas, district-Aligarh, seeking bail in the aforesaid sections.

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As per prosecution case, the first information report lodged by the brother of the deceased alleging therein that the deceased had been beaten by the appellant causing serious injuries to him which resulted in his death.

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Learned counsel for the appellant submitted that the deceased Kunwarpal was a old man aged about 86 years. He was very weak and when he was going to attend the call of nature, he fell down and he sustained injuries on his hands. As per postmortem report of the deceased he sustained two injuries; (i) A contusion 9cm x 6cm on the middle part of right upper arm 14 cm above right elbow joint; (ii) A contusion 6 cm x 2 cm left forearm back joint below left elbow joint. According to the postmortem report the cause of death is heamorrhagic shock as a result of antemortem injuries. He further submitted that the implication of the appellant in the present case is after due deliberations and based upon concocted allegations. He lastly submitted that the appellant, who is in jail since 25.1.2019 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.

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Per contra learned A.G.A. has opposed the prayer for bail.

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Without commenting on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to be allowed. It is ordered accordingly.

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In the result, the appeal succeeds and the same stands allowed. Impugned order dated 7.3.2019 passed by the Second Addl. Sessions Judge/Special Judge (SC/ST) Act, Aligarh is hereby set aside.

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

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Order Date :- 21.5.2019 Faridul

Narayan Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Narayan Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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