Allowed

Sumit Jat @ Sumati Kumar v. State of U.P. and Another

Allahabad HC8 May 2019CRLA/847/2019

Case brief

AI extract

What is this about?

Criminal Appeal filed to challenge rejection of bail order. Court found it to be a fit case for bail, allowing the appeal and setting aside the impugned order, releasing the appellant on personal bond and two sureties.

What did the court decide?

Change. The appellant is released on bail by furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.

Sumit Jat @ Sumati Kumar Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 847 of 2019

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Appellant :- Sumit Jat @ Sumati Kumar Respondent :- State Of U.P. And Another Counsel for Appellant :- Anshu Singh,Hemendra Pratap Singh Counsel for Respondent :- G.A.

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Hon'ble Ajit Singh,J.

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Rejoinder affidavit filed today is taken on record.

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Heard learned counsel for the appellant and learned A.G.A. for the State. Perused the record.

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This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 14.11.2018 passed by learned Additional Session Judge, Court No.2, Mathura, arising out of Case crime No. 19 of 2013, under Sections 363, 366 I.P.C. and Section 3(1)(10) SC/ST (Prevention of Atrocities) Act, 1989, P.S. Jamunapar, District Mathura, seeking bail in the aforesaid sections.

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Learned counsel for the appellant has submitted that the appellant is quite innocent and has been falsely implicated in the present case. He further submitted that the FIR of the present incident was lodged in pursuance of an application under Section 156(3) Cr.P.C. He further submitted that when the matter was investigated, the investigating officer calculated the age of the victim to be 25 years and she is major. He further submitted that one of the co-accused of this case has already been acquitted by the learned lower Court, copy whereof has been annexed on page 88 of the paper book. Lastly he submitted that the appellant is languishing in jail since 28.10.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, period of detention in jail, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.

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Let the appellant Sumit Jat @ Sumati Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.

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Order Date :- 8.5.2019 Mini

Sumit Jat @ Sumati Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sumit Jat @ Sumati Kumar 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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