Allowed

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

Allahabad HC10 Dec 2021CRLA/1383/2021

Case brief

AI extract

What is this about?

The court allowed Criminal Appeal No. 1383 of 2021. It set aside the Special Judge's order rejecting bail for the appellant in a case involving Sections 302 IPC and the SC/ST Act, ordering his release on bail with personal bonds and sureties.

What did the court decide?

The impugned order dated 24.02.2021 rejecting bail is set aside. Accused released on bail with personal bonds and two sureties of like amount.

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

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Court No. - 64

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Case :- CRIMINAL APPEAL No. - 1383 of 2021

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Appellant :- Aman Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Saurabh Tripathi,Om Narayan Pandey,Vinod Kumar Srivastava Counsel for Respondent :- G.A.,Ram Janam Shahi,Vipul Shukla

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Om Narayan Pandey, learned counsel for the appellant; Shri Ram Janam Shahi, learned counsel for the informant; Sri Ankit 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 24.02.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Shahjahanpur, in Case Crime No. 670 of 2020, under Sections - 302, 34 I.P.C. and Section 3(2)5 of S.C./S.T. (Prevention of Atrocities) Act, Police Station - Sindhauli, District - Shahjahanpur , whereby bail application of the appellant has been rejected.

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At the outset, learned counsel for the appellant submits, against the FIR lodged on 27.12.2020 , the appellant is in confinement since 29.12.2020; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; the appellant has no criminal history; chargesheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted that the prosecution story relies totally on suspicions and circumstantial

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evidence. At the stage of FIR being lodged an initial statement, there was no evidence of last seen. Subsequently, that has been improved. The recoveries have been doubted in absence of any public witness. The co-accused Mukesh Kumar is also stated to have been enlarged on bail by this court in Criminal Appeal No.1168 of 2021 vide order dated 3.9.2021. Also, it has been submitted, the allegations of violation under 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 24.02.2021, rejecting the bail of the appellant is set aside.

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Let the accused-appellant, namely, Aman 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 :- 10.12.2021 shiv

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

Case brief

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

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