Allowed

Uttam Singh v. State of U.P. and Another

Allahabad HC6 Aug 2021CRLA/1351/2020

Case brief

AI extract

What is this about?

Criminal Appeal against the rejection of bail. The Special Court held that nothing convinced the state to justify the order rejecting the bail and the accused had made out a case for bail.

What did the court decide?

Impugned order dated 05.12.2020 setting aside the bail of the appellant rejected by Special Judge is set aside and the accused-appellant is released on bail on personal bonds and two sureties each

Uttam Singh 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. - 1351 of 2020

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Appellant :- Uttam Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Dhirendra Kumar Srivastava,Satendra Kumar Singh,Satya Prakash Shukla

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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 The Scheduled Castes and Scheduled Tribes Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 05.12.2019 passed by the Special Judge, (S.C./S.T. Act), Sonbhadra in Special Session Trial No.110/2019, arising out of Case Crime No. 78 of 2019, under Sections - 34, 147, 148, 149, 307, 302 I.P.C. and Section 3 (2) (V) of S.C./S.T. Act, 1989, Police Station Ghorawal, District Sonbhadra.

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Contention in brief is that the appellant is not named in the F.I.R. It was a mob violence case and police in order to easily work out the case has falsely implicated the appellant in this case. Similarly circumstanced, another co-accused - Rajbali has already been admitted to bail by this Court in Criminal Appeal No.864 of 2021, vide order dated 12.3.2021. Copy of bail order has been produced by learned counsel for the appellant, the same is taken on record. 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 25.09.2019.

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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

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including the order by which, bail application of the appellant-applicant has been rejected, impugned herein this appeal. 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 05.12.2020, rejecting the bail of the appellant is set aside.

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Let the accused-appellant, namely, Uttam Singh 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 :- 6.8.2021 rkg

Uttam Singh v. State of U.P. and Another

Case brief

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Uttam Singh v. State of U.P. and Another

Case brief

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