Allowed

Rahul Kumar v. State of U.P.and Another

Allahabad HC10 Jun 2021CRLA/1314/2021

Case brief

AI extract

What is this about?

The High Court in Criminal Appeal No. 1314 of 2021 allowed the appeal filed against the rejection of bail. The Court set aside the impugned order and released the appellant on bail, considering the lack of criminal antecedents and the release of coaccused, subject to specific conditions.

What did the court decide?

The appellant is released on bail on furnishing a personal bond and two local sureties each of the like amount, subject to conditions.

Rahul Kumar 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. - 1314 of 2021

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Appellant :- Rahul Kumar Respondent :- State Of U.P.And Another Counsel for Appellant :- Pankaj Kumar Tyagi Counsel for Respondent :- G.A.,Seema Singh,Shiva Tripathi

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Hon'ble Pankaj Bhatia,J.

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Heard counsel for the parties and perused the record.

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The present appeal under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed against the judgment and order dated 19.2.2021 whereby the bail application filed by the appellant has been rejected.

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Counsel for the appellant argues that the coaccused has been enlarged by this Court vide its order dated 8.6.2021 passed in Criminal Appeal No. 1337 of 2021. He has drawn my attention to the fact that a NCR was registered at the behest of the appellant. He further drawn my attention to the medical report and submitted that the medical report does not corroborate with the statement.

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Considering the overall submissions narrated above and that the appellant has no criminal antecedents coupled with the fact that the coaccused has already been enlarged on bail by this Court and the appellant is in custody since 14.1.2021, and there is nothing on record to demonstrate that if the appellant is enlarged on

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bail, it would affect the trial adversely, the appeal deserves to be allowed. The appeal is, accordingly, allowed and the impugned judgment and order dated 19.2.2021 passed in Criminal Misc. Bail Application No. 1065 of 2021 is set aside. Let the appellant Rohit involved in Case Crime No. 34 of 2021, under Sections 308, 323 IPC and 3 (2)5 SC/ST Act, Police Station Vijay Nagar, District Ghaziabad be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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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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The appellant will not tamper with the witnesses.

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The appellant 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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Order Date :- 10.6.2021

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vinay

Rahul Kumar v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Rahul Kumar v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

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