Allowed

Kallu Pal v. State of U.P. and Anr.

Allahabad HC27 May 2019CRLA/3301/2019

Case brief

AI extract

What is this about?

The Court allowed a criminal appeal filed under Section 14A(2) of the SC/ST Act challenging a bail order. Without deciding on merits, relying on the principle of parity with co-accused already granted bail, the Court enlarged the appellant on bail and allowed the appeal.

What did the court decide?

Appellant enlarged on bail by executing personal bond and furnishing two sureties; impugned order set aside.

Kallu Pal Vs State of U.P. and Anr. — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 3301 of 2019

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Appellant :- Kallu Pal Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Krishna Kumar Chaurasia Counsel for Respondent :- G.A.

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Hon'ble Ajit Singh,J.

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

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Heard learned counsel for the appellant and learned A.G.A 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 30.3.2019 passed by the learned Special Judge (SC/ST) Act, Allahabad in S.T. No. 43 of 2019 in Bail Application no. 1325 of 2019, arising out of Case Crime no. 0591 of 2018, under Sections 147, 148, 149, 323, 504, 307, 302 I.P.C. and Sections 3(2)V SC/ST Act, P.S. Kareily, district-Allahabad, seeking bail in the aforesaid sections.

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It is submitted by learned counsel for the appellant that similarly placed co-accused Shankar Lal, Ramesh Pal, Ramesh Nishad and Devman have already been enlarged on bail by this Court vide order dated 26.4.2019 passed in Criminal Appeal Nos. 801 of 2019, 3059 of 2019, 2296 of 2019 and 2633 of 2019 respectively, copy of the bail orders produced by learned counsel for the appellant are taken on record. He further submitted that since the role of the appellant is identical to that of co-accused Shankar Lal, Ramesh Pal, Ramesh Nishad and Devman who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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Per contra learned A.G.A. has vehemently opposed the prayer for bail. However, the aforesaid factual aspect of the matter has not been disputed by him.

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Considering the submissions made by learned counsel for the appellant and without expressing any opinion on the merits of the case, this Court is of the view that the appellant is entitled to be enlarged on bail during the pendency of the appeal.

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Without expressing any opinion on the merits of the case, considering the facts and circumstances of the case, I am of the

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view that the bail application filed before the court below deserves to be allowed. Accordingly, the appeal is allowed and the aforementioned order is hereby set-aside.

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Let the appellant, Kallu Pal be released on bail in the aforesaid case crime number on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 27.5.2019 Faridul

Kallu Pal v. State of U.P. and Anr.

Case brief

What is this about?

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Kallu Pal v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

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