Allowed

Nirbhal Singh @ Chhote Sahab v. State of Up and Another

Allahabad HC13 Dec 2021CRLA/1122/2021

Case brief

AI extract

What is this about?

In a criminal appeal under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the court allowed the appeal and set aside the order rejecting the appellant's bail application, releasing him on bail subject to conditions.

What did the court decide?

The impugned order rejecting bail dated 28.1.2021 was set aside, and the appellant was released on bail with personal bonds and two sureties.

Nirbhal Singh @ Chhote Sahab Vs… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 64

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Case :- CRIMINAL APPEAL No. - 1122 of 2021

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Appellant :- Nirbhal Singh @ Chhote Sahab Respondent :- State of U.P. and Another Counsel for Appellant :- Rakesh Pathak,Salman Ahmad Counsel for Respondent :- G.A.,Akhilesh Kumar Singh,Gaurav Singh Tomar

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Salman Ahmad learned counsel for the appellant; Sri Gaurav Singh Tomar learned counsel for the opposite party No. 2; Sri Nagendra Kumar Srivastava learned AGA for the State and perused the material placed on record.

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This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 28.1.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act Jalaun in Case Crime No. 21 of 1997, under Sections - 323, 325, 504, 506, 452 IPC and Section 3(1)X S.C./S.T. (Prevention of Atrocities) Act, Police Station - Kailiya, District - Jalaun, whereby bail application of the appellant has been rejected.

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Learned counsel for the appellant submits, against the FIR lodged on 14.2.1997, the appellant (who was summoned under Section 319 Cr.P.C.) is in confinement since 04.9.2020; It is thus submitted that though the appellant was named in the First Information Report, his name expunged from the charge sheet; at the trial the appellant was summoned under Section 319 Cr.P.C.; on same charges the chargesheeted co-accused namely Rampal Singh @ Munna Raja, Pratibhan Singh @ Pappu, and Shiv Pal Singh @ Shishu Pal Singh have already been enlarged on bail by this Court in Bail Application No. 4456 of 1997 vide order dated 28.3.1997. Also, it has been submitted, the

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allegations of violation of SC/ST Act are general and made to lend colour to the story.

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

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Having heard learned counsel for the parties and having perused the record, at present, the order passed by the learned court below rejecting the bail application filed by the appellant, cannot be sustained.

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Without drawing any inference as to facts, in view of the above noted facts & submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant be enlarged on bail at this stage.

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Accordingly, this appeal is allowed and the impugned order dated 28.1.2021 rejecting the bail of the appellant is set aside.

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Let the accused-appellant, namely, Nirbhal Singh @ Chhote Sahab, involved in the aforesaid crime 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 :- 13.12.2021 Faraz

Nirbhal Singh @ Chhote Sahab v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Nirbhal Singh @ Chhote Sahab 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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