Allowed

Ankit v. State of U.P. and Anr.

Allahabad HC18 Oct 2019CRLA/4461/2019

Case brief

AI extract

What is this about?

Criminal Appeal No. 4461 of 2019 where the High Court allowed the appeal, set aside the rejection of bail, and granted bail to the appellant under Sections 308, 323, 504, 506 IPC and Section 3(2)(5a) of SC/ST Act, subject to personal bond and sureties.

What did the court decide?

Bail granted on personal bond and two heavy sureties (one being a family member) subject to court verification.

Ankit Vs State of U.P. and Anr. — Caste Atrocities | Allahabad HC (2019)

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 4461 of 2019

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Appellant :- Ankit Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Kapil Tyagi Counsel for Respondent :- G.A.,Sanjeev Kumar Pandey

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Hon'ble Rajiv Gupta,J.

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Supplementary and rejoinder affidavits filed today in Court are taken on record.

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Heard learned counsel for the appellant, learned counsel for the first informant, learned AGA for the State and perused the 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 3.6.2019 passed by 2nd Addl. Sessions Judge/Special Judge, SC/ST Act, Gautam Budh Nagar in Bail Application no. 2572 of 2019, arising out of Case Crime no. 225 of 2019, under Sections 308, 323, 504, 506 IPC and 3(2) (5a) of SC/ST Act, P.S. Echotech-3, District- Gautam Budh Nagar, seeking bail in the aforesaid sections.

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As per the allegations made in the first information report, it is alleged that on 20.5.2019, appellant alongwith three others assaulted the victims, due to which Than Singh and Monu suffered injuries on their persons and have been medically examined. Learned counsel for the appellant has next drawn the attention of the Court towards the injury reports of the victim. As per the supplementary injury reports, the injuries has been found to be simple in nature and no internal damage has been caused to both the injured. Learned counsel for the appellant has next submitted that even as per the statement of the victim recorded under Section 161 Cr.P.C. no specific role of causing injuries has been assigned to any of the accused persons and general role of assault has been assigned to four persons. Learned counsel for the appellant has next submitted that both the victims have been discharged from the hospital and they are now hale and hearty. Lastly it is submitted that the appellant is in jail since 24.5.2019 and has no criminal history to his credit and there is no chance of his fleeing away from judicial process or tampering with the witnesses.

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Per contra, learned A.G.A. as well as learned counsel for first informant have opposed the prayer for bail but could not

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dispute the aforesaid facts and the fact that appellant is in jail since 24.5.2019 and has no criminal history to his credit.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, the appeal has substance.Accordingly, the appeal is allowed.

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The impugned order dated 3.6.2019 passed by 2nd Addl. Sessions Judge/Special Judge, SC/ST Act, Gautam Budh Nagar, is set-aside and the bail application of appellant stands allowed.

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Let the appellant Ankit be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties of the like amount to the satisfaction of the court concerned and one surety shall be family member of the appellant, subject to the 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 :- 18.10.2019 KU

Ankit v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Ankit v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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