Allowed

Prem Narayan Dubey v. State of U.P. and Another

Allahabad HC30 Oct 2019CRLA/4022/2019

Case brief

AI extract

What is this about?

In this criminal appeal under Section 14(A)(2) of the S.C./S.T. Act, the High Court allowed the appeal against a bail rejection order. Finding the lower court acted wrongly, the court set aside the order and released the appellant on bail with conditions regarding trial cooperation and non-tampering.

What did the court decide?

The impugned order dated 25.5.2019 was set aside. The bail application was allowed, and the appellant was released on bail with strict conditions.

Prem Narayan Dubey 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. - 4022 of 2019

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Appellant :- Prem Narayan Dubey Respondent :- State of U.P. and Another Counsel for Appellant :- Rakesh Dubey Counsel for Respondent :- G.A.,Ram Om Vikram Singh Chauhan

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the appellant, learned counsel for the first informant and learned A.G.A. for the State and perused the record.

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The present criminal appeal has been filed U/s 14(A)(2) of S.C./S.T. Act against the order dated 25.5.2019 passed by Special Judge SC/ST (P.A.) Act Court No.2, Etawah by which the bail application of the applicant in Criminal Misc. Bail Application No. 977 of 2019, (Prem Narayan Dubey vs. State of U.P.) arising out of Case Crime No. 143 of 2018, under Sections 452, 323, 504, 506, 307 IPC and Section 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Kotwali, District Etawah has been rejected vide order dated 25.5.2019.

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Learned counsel for the accused-appellant has submitted that the appellant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the appellant has next submitted that even as per the allegation made in the F.I.R. and the statement of the victim, the injury has been caused to the victim on the top of right shoulder, the supplementary injury report of which shows that no abnormality has been detected and no fracture is seen as such the injury is simple in nature.

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Learned counsel for the appellant has next submitted that the victim has already been discharged from the hospital on 22.2.2018 and is now hale and hearty.

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Learned counsel for the appellant has next submitted that the appellant is in jail since 25.5.2019 and he has no criminal history to his credit and in case he is released on bail he will not misuse the liberty of bail and will cooperate in the trial by all means and there is no chance of appellant fleeing away from the judicial process and tampering the witnesses.

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Per contra, learned A.G.A. and learned counsel for the first informant has opposed the prayer for bail but could not dispute the aforesaid fact.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity

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of punishment as well as totality of facts and circumstances, I find that the court below has acted wrongly in rejecting the bail application and the impugned order dated 25.5.2019 is liable to be set-aside and appeal is liable to be allowed.

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The appeal is allowed. The impugned order dated 25.5.2019 passed by passed by Special Judge SC/ST (P.A.) Act Court No.2, Etawah is set-aside and the bail application of appellant stands allowed.

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Let the appellant Prem Narayan Dubey be released on bail in Case Crime No. 143 of 2018, under Sections 452, 323, 504, 506, 307 IPC and Section 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Kotwali, District Etawah on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:-

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(i) The appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The appellant will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison.

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Order Date :- 30.10.2019

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Prem Narayan Dubey v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Prem Narayan Dubey 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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