Allowed

Brijesh Yadav v. State of U.P. and 4 Others

Allahabad HC16 May 2019CRLA/3085/2019

Case brief

AI extract

What is this about?

The Supreme Court allowed a criminal appeal under Section 14A(2) of the SC/ST Act seeking bail. The appellant, already in jail since 2018 with no criminal history, was granted bail on personal bond and two sureties, while setting aside the lower court order refusing bail.

What did the court decide?

The appellant was released on bail by executing a personal bond and furnishing two reliable sureties.

Brijesh Yadav Vs State of U.P. and 4 Others — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 3085 of 2019

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Appellant :- Brijesh Yadav Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Akash Mishra 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 22.2.2019 passed by learned IInd Addl. District & Sessions Judge/Special Judge (SC/ST) Act, Etawah in Case Crime no.259 of 2018 under section 147, 148, 149, 302, 307 I.P.C. and section 3(2)(V)/3(2) (V)A SC/ST Act and section 7 of Criminal Law Amendment Act, PS. Jaswant Nagar, District Etawah, seeking bail in the aforesaid sections.

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Learned counsel for the appellant submitted that the appellant is quite innocent and has been falsely implicated in the present case due to some ulterior motive. He has further submitted that the co-accused Gudda alias Shishupal, Suneel Kumar, Ramveer similarly situated to the case of the appellant have already been granted by bail by another bench of this Court vide order dated 6.5.2019, 13.3.2019 and 9.10.2018 passed in Criminal Nos.2643/19,6578 of 2018 and 4849/18, copy of which has been produced by counsel for the appellant for perusal. He lastly submitted that the appellant is languishing in jail since 15.6.2018 having no criminal history and in case he is released on bail, he will not misuse the liberty of bail.

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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 22.2.2019 passed by learned IInd Addl. District & Sessions Judge/Special Judge (SC/ST) Act, Aligarh is hereby set aside.

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Let the applicant-appellant, Brijesh Yadav 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. Order Date :- 16.5.2019 Rk

Brijesh Yadav v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Brijesh Yadav v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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