Allowed

Ashish v. State of U.P. and Another

Allahabad HC2 Sept 2021CRLA/1166/2021

Case brief

AI extract

What is this about?

The Special Bench allowed the criminal appeal challenging the rejection of bail. The court set aside the impugned order from the Special Judge S.C./S.T. Act, Meerut, and released the appellant on personal bonds and two sureties, noting微不足ова involvement of co-accused.

What did the court decide?

Bail granted to the appellant Ashish on furnishing personal bonds and two sureties of like amount, subject to cooperating in trial.

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

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 1166 of 2021

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Appellant :- Ashish Respondent :- State of U.P. and Another Counsel for Appellant :- Pankaj Kumar Tyagi Counsel for Respondent :- G.A.,Neeraj Srivastava

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Hon'ble Arvind Kumar Mishra-I,J.

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Learned counsel for the appellant has filed supplementary affidavit, the same is taken on record.

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Heard learned counsel for the appellant, Sri Neeraj Srivastava, learned counsel for the informant, 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 S.C./S.T. Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 18.01.2021, passed by Special Judge S.C./S.T. Act, Meerut, in Case Crime No. 23 of 2020, under Sections - 302, 201, 34 I.P.C. and 3(2)(5) S.C./S.T. Act, Police Station - Mundali, District - Meerut.

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Urge made on behalf of the appellant has been confined to the extent that initially though the appellant was named in the first information report but the involvement of other two co-accused was found to be fake and the police after due investigation submitted final report. Now, it so happened that the case was developed, thereby two new accused Smt. Usha and Smt. Pooja were introduced and it being a circumstantial evidence case, no one has seen the occurrence, as such. In fact, the appellant has been involved in this case, merely on account of he being son of the another co-accused Smt. Usha, who has already been admitted to bail by co-ordinate Bench of this Court in Criminal Appeal No. 2234 of 2020 on 9.12.2020. So far as the merit of this case is concerned, the appellant has identical role to that of the co-accused-Usha. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 08.02.2020.

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Sri Neeraj Srivastava, learned counsel for the informant and learned A.G.A. have 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

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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 18.01.2021, rejecting the bail of the appellant is set aside.

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Let the accused-appellant - Ashish 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 :- 2.9.2021 S Rawat

Ashish v. State of U.P. and Another

Case brief

What is this about?

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Ashish v. State of U.P. and Another

Case brief

What is this about?

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