Partly allowed

Gudda @ Shishupal v. State of U.P. and Another

Allahabad HC6 May 2019CRLA/2643/2019

Case brief

AI extract

What is this about?

Criminal appeal against bail rejection in a case involving SC/ST atrocities. The Special Court acquitted the appellant. The High Court set aside the impugned order of bail rejection and granted bail on personal bond with two sureties. The argument for grave consequences to public order was rejected in favor of granting bail.

What did the court decide?

Granted bail on personal bond with two reliable sureties, set aside the lower court order, allowed criminal appeal.

Gudda @ Shishupal Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2019)

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Court No. - 71 Case :- CRIMINAL APPEAL No. - 2643 of 2019 Appellant :- Gudda @ Shishupal Respondent :- State Of U.P. And Another Counsel for Appellant :- Deepak Gaur 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 08.3.19 passed by learned Special Judge SC/ST(PA) Act, Etawah in Criminal Misc. Bail Application No. 436 of 2019, S.S.T. No. 64 of 2018 (CNR No.UPEW0100009542019) (Gudda @ Shishupal vs. State of U.P.) under sections 147, 148, 149, 302, 307 I.P.C. and 3(2)(v-a) SC/ST (PA) Act, 2015 and 7 Criminal Law Amendment Act arising out of Case Crime No.259 of 2018, PS. Jaswantnagar, District Etawah, seeking bail in the aforesaid sections.

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Learned counsel for the appellant submitted that as per prosecution version on 14.6.2018 at about 11.00 A.M. Ex- Gaon Pradhan Santu Yadav and present Gaon Pradhan Madan Singh were present with their supporters in the village. Both parties have fired in the function, due to which 8-10 persons sustained injuries and one Shushma Katheria died on the spot. The First Information Report of the incident was reported to S.H.O. Jaswantnagar. He next submitted that the first informant is not an eyewitness of the occurrence. The general role of firing was assigned to both the parties. He next submitted that no weapon of assault has been recovered from the present accused appellant. Further submissions is that both the parties is alleged to have fired and at this stage it cannot be ascertained which party was aggressor. Further submission is that the appellant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Criminal history of the applicant has been explained in para 17 of the rejoinder affidavit. He further submitted that co-accused Ramveer Singh has already been granted bail by another Bench of this Court vide order dated 9.10.2018 passed in Criminal Appeal No.4849/18, copy of which has been annexed as Annexure-7. He lastly submitted that the appellant, who is in jail since 16.1.2019, 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 and has also not disputed the fact that the co-accused has already been granted bail by another co-ordinate bench of this Court.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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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 08.3.19 passed by learned Special Judge SC/ST(PA) Act, Etawah is hereby set aside.

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Let the applicant-appellant, Gudda @ Shishupal 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 :- 6.5.2019 Rk

Gudda @ Shishupal v. State of U.P. and Another

Case brief

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Gudda @ Shishupal v. State of U.P. and Another

Case brief

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