Allowed

Chunnu Alias Hridesh v. State of U.P. and Another

Allahabad HC8 Jun 2021CRLA/1162/2021

Case brief

AI extract

What is this about?

Antonin Benedicta Hridesh ; The court allowed the bail appeal against the impugned order rejecting bail. The appellant was granted bail with conditions including attending trials and not tampering with witnesses. The order dated 10.2.2021 was set aside.

What did the court decide?

Appellant released on bail with personal bond and two sureties; impugned order dated 10.2.2021 set aside.

Chunnu Alias Hridesh Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 77

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Case :- CRIMINAL APPEAL No. - 1162 of 2021

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Appellant :- Chunnu Alias Hridesh Respondent :- State of U.P. and Another Counsel for Appellant :- Sadaful Islam Jafri,Nazrul Islam Jafri(Senior Adv.) Counsel for Respondent :- G.A.,Jitendra Kumar Tripathi

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Hon'ble Pankaj Bhatia,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 appeal has been preferred under Section 14 (A) (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, against the impugned order dated 10.2.2021 passed by learned Special Judge (SC/ST) Act, Mainpuri in Bail Application No. 2669 of 2020 (Chunnu Alias Hridesh Vs. State of U.P.), arising out of Case Crime No. 606 of 2020, under Sections 147, 148, 302, 34, 120-B IPC and Section 3(2)(V) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station Kotwali, District Mainpuri. The Presiding Officer has rejected the bail application of the appellant vide impugned order dated 10.2.2021.

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The submission of the learned counsel for the appellant Shri N.I. Jafri, Senior Advocate assisted by Ms. Nashra Adil is that the appellant was not named in the FIR. Subsequently, the name surfaced in the statement of one Mukhbir. He argues that the accused named in the FIR has been enlarged on bail by this Court vide order dated 27.1.2021, which is on record. He further draws my attention to the statement of the victim himself, who had deposed in favour of the appellant.

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

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On the basis of the said statement and on perusal of the record including the bail granted to the co-accused named in the FIR as well as on the basis of statement of the complainant, coupled with the fact that the appellant has no criminal antecedents and there is nothing on record to demonstrate that the appellant if enlarged on bail, would in any way adversely affect the trial, the appellant is entitled to be enlarged on bail.

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Let appellant- Chunnu alias Hridesh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each to the satisfaction of the court concerned

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subject to following additional conditions, which are being imposed in the interest of justice:-

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The appellant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

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The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The order dated 10.2.2021 is set aside. The appeal is allowed.

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Order Date :- 8.6.2021 S. Rahman

Chunnu Alias Hridesh v. State of U.P. and Another

Case brief

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Chunnu Alias Hridesh v. State of U.P. and Another

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