Allowed

Sattar Khan and Another v. State of U.P. and Another

Allahabad HC17 May 2019CRLA/2726/2019

Case brief

AI extract

What is this about?

The Special Court allowed a criminal appeal under the SC/ST Act challenging the rejection of bail. The court set aside the impugned order and released the appellants on bail upon executing a personal bond and furnishing sureties, noting delays in FIR and PMR without commenting on merits.

What did the court decide?

Impugned order set aside; appellants released on bail upon executing personal bond and furnishing two reliable sureties each.

Sattar Khan and Another Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2019)

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 2726 of 2019

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Appellant :- Sattar Khan And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Lakshmi Kant Pandey,Krishna Kant Bhatt Counsel for Respondent :- G.A.,Indra Dev

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the appellants, 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 Second Additional Sessions Judge/Special Judge SC/ST Act, Aligarh in Crime No.0008/219 under section 304/323/504/506 I.P.C. & 3(2)(5) SC/ST Act, PS. Gaunda, District Aligarh, seeking bail in the aforesaid sections.

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Learned counsel for the appellants submitted that the alleged incident had taken place on 27.12.2018 and the postmortem examination of the deceased Hemwati was conducted on 28.12.2018. It has further been submitted by counsel for the appellant that as per panchayatnama, the deceased Hemwati has died due to fall and nowhere it has been mentioned that she was hit by the accused persons by any weapon and postmortem examination report is annexed at 52 page of the paper book. In the postmortem examination report the doctor opined the cause of death as a result of antemortum injuries and he found two antemortum injuries i.e. a contusion in 7cm x 6cm back of head in occipital region and behind left ear at 2 O' clock and abrasion in 2cm x 1cm on left side at face, near nose. Learned counsel for the appellant has further submitted that this matter was reported to the police after delay of 13 days and after 12 days of

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the postmortem examination the prosecution has not explained as to why the delay in lodging the First Information Report was caused. This report was lodged just to get money from the government and to harass the accused persons. He has further submitted that the present accused appellants are in jail since 1.2.2019 having no criminal history and in case they are released on bail, they will not misuse the liberty of bail. Learned A.G.A. and Shri Indra Dev, learned counsel for the respondent no.2 vehemently opposed the prayer for bail. Considering the rivals submissions of counsel for the parties, the facts and circumstances of the case and without commenting on merit 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 Second Additional Sessions Judge/Special Judge SC/ST Act, Aligarh is hereby set aside.

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Let the applicants-appellants Sattar Khan and Babuddin be released on bail in the aforesaid case crime number on their executing a personal bond and furnishing two reliable sureties each of them in the like amount to the satisfaction of the court concerned.

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Order Date :- 17.5.2019

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Sattar Khan and Another v. State of U.P. and Another

Case brief

What is this about?

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Sattar Khan and Another v. State of U.P. and Another

Case brief

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What did the court decide?

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