Allowed

Shiv Kumar v. State of U.P. and Another

Allahabad HC1 May 2019CRLA/3163/2019

Case brief

AI extract

What is this about?

The Hon'ble High Court allowed an appeal under Section 14 A(2) of the SC/ST Act challenging the trial court's order cancelling bail. The court quashed the impugned order and granted bail to the appellant subject to conditions.

What did the court decide?

The appeal succeeded; the impugned bail cancellation order was set aside; the appellant was released on bail with a personal bond and two sureties.

Shiv Kumar Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 71

¶2

Case :- CRIMINAL APPEAL No. - 3163 of 2019

¶3

Appellant :- Shiv Kumar Respondent :- State Of U.P. And Another Counsel for Appellant :- Pankaj Kumar Mishra Counsel for Respondent :- G.A.

¶4

Hon'ble Ajit Singh,J.

¶5

Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material on record.

¶6

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 30.11.2018 passed by Special Judge (SC/ST) Act/IInd Addl. Sessions Judge (SC/ST) Act, Etawah in Criminal Misc. Bail Application No. 2920 of 2018 in S.T. No. 269 of 2013, arising out of Case Crime no. 32 of 2013, under Section 3-7 I.P.C. and Section 3(2)V SC/ST Act, P.S. Lavedi, district-Etawah, seeking bail in the aforesaid sections.

¶7

Learned counsel for the appellant submitted that the appellant has already been granted bail by this Court vide order dated 24.11.2016 passed in Criminal Misc. Bail Application No. 26970 of 2013 (annexure-2) but on account of his failure to appear before the trial court on 6.11.2018 due to illness, the learned trial Judge after rejecting the exemption application moved before him on behalf of the appellant by his counsel cancelled his bail bonds and issued non-bailable warrant against the appellant. He next submitted that the appellant is ready to appear on each and every date before the court below for expeditious disposal of the case. He lastly submitted that the appellant, who has no reported criminal antecedent to his credit and is in jail since 28.11.2018 is entitled to be enlarged on bail during the pendency of the trial.

¶8

Per contra learned A.G.A. has opposed the prayer for bail.

¶9

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.

¶10

In the result, the appeal succeeds and the same stands allowed. Impugned order dated 30.11.2018 passed by Special Judge

¶11

(SC/ST) Act/IInd Addl. Sessions Judge (SC/ST) Act, Etawah is hereby set aside.

¶12

Let the applicant-appellant, Shiv Kumar 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 subject to the following condition :-

¶13

He will not temper with the witnesses.

¶14

He will attend the Court on each and every date.

¶15

Order Date :- 1.5.2019 Faridul

Shiv Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shiv Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shivam Kumar Pal Vs State of U.P.

Deepak Vs State of U.P.

Bhajan Lal Yadav Vs State of U.P. and Anr.

Aasu @ Chandra Pal Vs State of U.P. and Anr.

Imran @ Bhoora Vs State of U.P. and 2 Others

Gaurav Vs State of U.P.