Allowed

Rajendra Rajbhar and 2 Otehrs v. State of U.P. and Another

Allahabad HC8 May 2019CRLA/3117/2019

Case brief

AI extract

What is this about?

This court allowed a criminal appeal challenging the denial of bail. Finding it a fit case for bail without expressing an opinion on merits, the court set aside the impugned order and granted bail to the appellants on furnishing a bond and sureties.

What did the court decide?

Impugned order setting apart bail application set aside; appellants released on bail by personal bond and two sureties each.

Rajendra Rajbhar and 2 Otehrs 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. - 3117 of 2019

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Appellant :- Rajendra Rajbhar And 2 Otehrs Respondent :- State Of U.P. And Another Counsel for Appellant :- Ajay Kumar Srivastava 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 appellants 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 30.3.2019 passed by learned Special Judge, SC/ST Act/Additional Session Judge, Varanasi in Bail Application No.965 of 2019, arising out of Case crime No.256 of 2018, under Sections 147, 149, 323, 504, 325 I.P.C. and 3(1)(Da) and Section 3(1)(Dha) of SC/ST (Prevention of Atrocities) Act, 1989, P.S. Lohta, District Varanasi, seeking bail in the aforesaid sections.

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Learned counsel for the appellants has submitted that the appellants are quite innocent and have been falsely implicated in the present case due to enmity. He further submitted that all the offences which have been alleged to have been committed by the accused are triable by the learned Magistrate except offence under Sections 3(1)(Da) and Section 3(1)(Dha) of SC/ST Act. He further submitted that the appellant is languishing in jail since 30.3.2019, having no criminal history.

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Per contra, learned A.G.A., for the State has vehemently 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 appellants Rajendra Rajbhar, Shiv Lal and Somaru Prajapati be released on bail in the aforesaid case crime number on their 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 :- 8.5.2019 Mini

Rajendra Rajbhar and 2 Otehrs v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rajendra Rajbhar and 2 Otehrs v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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