Allowed

Santosh Nishad v. State of U.P. and Anr.

Allahabad HC8 May 2019CRLA/2878/2019

Case brief

AI extract

What is this about?

In a criminal appeal filed under Section 14 A(2) of the SC/ST Act, the High Court allowed the appellant's appeal. The court set aside the lower court's order rejecting bail and ordered the appellant's release on bail by executing a personal bond and furnishing two reliable sureties.

What did the court decide?

Imagined order dated 19.3.2019 rejected; Appeal allowed; Appellant released on bail by executing personal bond and furnishing two reliable sureties each.

Santosh Nishad Vs State of U.P. and Anr. — Bail and Remand | Allahabad HC (2019)

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 2878 of 2019

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Appellant :- Santosh Nishad Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Hari Nath Chaubey Counsel for Respondent :- G.A.

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Hon'ble Ajit Singh,J.

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Sri Bhavesh Pratap Singh Advocate has filed his Vakalatnama on behalf of informant, which is taken on record.

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Counter affidavit filed on behalf of State in the Court today is also taken on record.

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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 19.3.2019 passed by the Addl. District & Sessions Judge, Court no.2/Special Judge (SC/ST) Act, Kanpur Dehat in Criminal Misc. Bail Application No. 579 of 2018, arising out of Case Crime no. 273 of 2018, under Sections 307, 323, 504, 506 I.P.C. and Section 3(2)(Va) SC/ST Act, P.S. Sajeti, district-Kanpur Nagar, seeking bail in the aforesaid sections.

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Learned counsel for the appellant submitted that the appellant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that the only allegation which has been assigned to the appellant is that of causing injuries to the injured by pharsa, whereas the specific allegation of firing upon the injured and causing injuries to him has been made against co-accused Chandrapal. He also submitted that co-accused Chandrapal is having a dispute with the injured and his family. The doctor in his report has opined that the injuries sustained by the injured were caused by firearm. There is no medical report which may indicate that the injuries sustained by the injured were caused by pharsa. The medical report of the injured has been filed as Annexure-2 to the affidavit accompanying the bail application. He lastly submitted that the appellant, who is in jail since 22.12.2018 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, nature of injuries, period of detention and the role assigned to the accused, 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 19.3.2019 passed by the Addl. District & Sessions Judge, Court no.2/Special Judge (SC/ST) Act, Kanpur Dehat is hereby set aside.

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Let the applicant-appellant, Santosh Nishad 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 :- 8.5.2019 Faridul

Santosh Nishad v. State of U.P. and Anr.

Case brief

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Santosh Nishad v. State of U.P. and Anr.

Case brief

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What the court decided

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