Allowed

Kamal Singh v. State of Up and Another

Allahabad HC26 Aug 2021CRLA/1028/2021

Case brief

AI extract

What is this about?

In a criminal appeal under the SC/ST (Prevention of Atrocities) Act, the Special Judge ordered the setting aside of the bail rejection order. The court held that the appellant made out a case for bail and allowed the appeal.

What did the court decide?

The impugned order rejecting bail was set aside, and the appellant was released on bail subject to furnishing personal bonds and two sureties.

Kamal Singh Vs State of Up and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 1028 of 2021

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Appellant :- Kamal Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Syed Khayyam Haider Counsel for Respondent :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.

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This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 22.01.2021 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Kaushambi, in Case Crime No.250 of 2020, under Sections 147, 149, 304, 323, 504, 506 I.P.C., 3(2) (v), 3(2) (va) and 3(1) (Dha) SC/ST Act, P.S. Karari, District Kaushambi.

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Contention, in brief, is that the appellant has been falsely implicated in this case. He has nothing to do with the offence in question. The allegations made against the appellant are vague and baseless. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. Similarly circumstanced co-accused Rambachan, Gyan Singh and Jay Singh have already been admitted to bail by coordinate Bench of this Court vide order dated 13.08.2021 in Criminal Appeal No.100 of 2021. The appellant has no criminal history and is languishing in jail since 03.09.2020.

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Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.

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I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant has been rejected, impugned herein this appeal.

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Nothing convincing has been argued on behalf of the complainant/State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.

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Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.

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Accordingly, this appeal is allowed and the impugned order dated 22.01.2021, rejecting the bail of the appellant is set aside.

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Let the accused-appellant Kamal Singh involved in the aforesaid case crime number for the aforesaid offences be released on bail on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellant shall cooperate in the trial and will not jump the bail.

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Order Date :- 26.8.2021 rkg

Kamal Singh v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Kamal Singh v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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