Allowed

Harswroop v. State of U.P. and Another

Allahabad HC14 May 2019CRLA/701/2019

Case brief

AI extract

What is this about?

In this criminal appeal under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the court allowed the appellant's appeal against the rejection of his bail. The appellant, charged with murder and atrocities, was granted bail on his personal bond and two sureties.

What did the court decide?

Appellant released on bail upon executing a personal bond and furnishing two sureties.

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

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 701 of 2019

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Appellant :- Harswroop Respondent :- State Of U.P. And Another Counsel for Appellant :- Jitendra Pal Singh,Pradeep Kumar Singh 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 12.12.2018 passed by learned Addl. Sessions Judge/Special Judge (SC/ST) (Atyachar Nivaran) Act, Pilibhit in Criminal Misc. Bail Application No. 2504 of 2018 (Harswaroop vs. Sate of U.P.) in S.S.T. No.172 of 2018 arising out of Case Crime no. 237 of 2018, under Sections 302 I.P.C. & 3(2)5 of SC/ST Act, P.S. Neoria, District Pilibhit, seeking bail in the aforesaid sections.

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Learned counsel for the appellant submitted that there is no eyewitness of the incident and last seen evidence. The present accused appellant was named in the First Information Report on the basis of suspicion. Learned counsel for the appellant further submitted that after three months in the second statement Ram Kali has mentioned that she has come to know that on the date of incident her son, the deceased Harpal and Harswaroop consumed liquor together Learned counsel for the appellant has further submitted that this statement was recorded after about three moths of the incident. He has submitted that another witness Parmai Lal had disclosed after three months of the incident that he had seen the deceased Harpal and Harswaroop in intoxicating condition at late night on the date of

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incident. He further submitted that it was alleged in the First information Report that he received some phone calls on the fateful night but C.D.R. shows that the deceased had talked with his wife on the date of the incident. Further submission is that the appellant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He lastly submitted that the appellant, is languishing in jail since 12.9.2018 having no criminal histoy and in he is released on bail, he will not misuse the liberty of bail and will cooperate with 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 12.12.2018 passed by learned Addl. Sessions Judge/Special Judge (SC/ST)(Atyachar Nivaran) Act, Pilibhit is hereby set aside.

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Let the applicant-appellant, Harswroop 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 :- 14.5.2019 Rk

Harswroop v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Harswroop 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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