Allowed

Amir v. State of U.P. and Anr.

Allahabad HC16 May 2019CRLA/2941/2019

Case brief

AI extract

What is this about?

The Single Judge allowed a criminal appeal filed against an order rejecting bail. The court found the case a fit one for bail despite the gravity of the offence, setting aside the previous order and granting release on personal bond and sureties.

What did the court decide?

The order rejecting bail is set aside; the appellant is released on bail upon furnishing a personal bond and two reliable sureties of like amount.

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

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 2941 of 2019

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Appellant :- Amir Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Amit Mishra Counsel for Respondent :- G.A.

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Hon'ble Ajit Singh,J.

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Counter affidavit filed today is taken on record.

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Heard learned counsel for the appellant 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 5.4.2019 passed by learned Special Judge SC/ST Act/Additional Session Judge, IInd, Bareilly, arising out of Case Crime No.1094 of 2018, under Section 147, 306 I.P.C. and Section 3(2)V of SC/ST (Prevention of Atrocities) Act, 1989, P.S. Baheri, District Bareilly, seeking bail in the aforesaid sections.

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Learned counsel for the applicant has submitted that the applicant is absolutely innocent and has been falsely implicated in the present case just to get government money as is being provided to the SC/ST of offence is committed against them. He further submitted that the incident took place on 29.10.2018 and the first information report was lodged after and inordinate and unexplained delay of eleven days on 9.11.2018 against five persons and after investigation police has submitted charge sheet under Section 306 IPC. He further submitted that the deceased died due to hanging and the cause of death was ascertained to be asphyxia as a result of hanging. He further submitted that as per FIR the accused persons had murdered the deceased but no one has seen the commission of crime nor anybody has seen the accused in the company of the deceased before or after the incident. He further submitted that for the commission of offence under Section 306 IPC there should be an abatment and the accused should have aided in the commission of crime or should have instigated or should have abated the deceased to commit suicide. Lastly he submitted that the appellant is languishing in jail since 5.1.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, learned A.G.A., for the State has vehemently

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opposed the prayer for bail.

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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- Amir be released on bail in the aforesaid case crime number on his 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 :- 16.5.2019 Mini

Amir v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Amir v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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