Allowed

Dhanraj v. State of U.P. and Another

Allahabad HC28 May 2019CRLA/3472/2019

Case brief

AI extract

What is this about?

In this criminal appeal challenging the rejection of bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and IPC, the High Court allowed the appeal and set aside the impugned order rejecting bail, granting the appellant release on a personal bond with two sureties.

What did the court decide?

Appellant released on bail upon executing a personal bond and furnishing two reliable sureties to the satisfaction of the court.

Dhanraj 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. - 3472 of 2019

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Appellant :- Dhanraj Respondent :- State Of U.P. And Another Counsel for Appellant :- Brij Kumar Saroj,Alopi Chandra 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 15.10.2018 passed by learned Special Judge (SC/ST) Act/Additional Sessions Judge, Fatehpur in Bail Application No. 1677 of 2018 arising out of Case Crime no.404 of 2017, under Sections 10.8.2018 passed by learned IInd Addl. District & Sessions Judge/Special Judge (ST/ST) Act, Aligarh363, 366, 376D, 506 I.P.C. and Section 3(2)(5) SC/ST Act, P.S. Ghazipur, district-Fatehpur, seeking bail in the aforesaid sections.

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Learned counsel for the appellant submitted that the girl/victim is adult and she was having consensual relation with the co-accused Riyaj and she had solemnised marriage with Riyaz. He has further submitted that the prosecutrix/victim had herself moved Writ Petition No.4366 of 2018 before this Court with the prayer for quashing of the First Information Report which was lodged by her brother against the present accused appellant. Co-accused Tauhid whose case is similar to the case of the present accused apepllant, has already been granted bail vide order dated 17.12.2018 passed in Criminal Appeal No.4862/19, copy of which has been annexed at page 83 of the paper book. He lastly submitted that the appellant, who is in jail since 26.9.2018 and has no criminal antecedents to his

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credit is entitled to be enlarged on bail during pendency of the trial.

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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 15.10.2018 passed by learned Special Judge (SC/ST) Act/Additional Sessions Judge, Fatehpur is hereby set aside.

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Let the applicant-appellant, Dhanraj 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.

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Order Date :- 28.5.2019 Rk

Dhanraj v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dhanraj 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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