Allowed

Surya Kant Sharma @ Shanu v. State of U.P. and Another

Allahabad HC26 Aug 2021CRLA/1427/2021

Case brief

AI extract

What is this about?

A criminal appeal filed under the SC/ST Act by Surya Kant Sharma challenging the rejection of his bail application. The Single Judge allowed the appeal, setting aside the lower court order, and granted bail on personal bonds and two sureties, noting the appellant's lack of criminal history and the informant's uncertainty about the shooter.

What did the court decide?

Impugned order rejecting bail is set aside; accused released on bail on personal bonds and two sureties.

Surya Kant Sharma @ Shanu Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 1427 of 2021

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Appellant :- Surya Kant Sharma @ Shanu Respondent :- State of U.P. and Another Counsel for Appellant :- Mohammad Danish 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 SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 09.02.2021 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Moradabad, in Case Crime No.1341 of 2020, under Sections 307, 326, 34 I.P.C. and 3(2)V SC/ST Act, P.S. Majhola, District Moradabad.

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Contention, in brief, is that the appellant has been falsely implicated in this case on account of he being associated with co-accused Sangam. It so happened that some incident took place regarding which the informant was not aware of the real fact. In the statement recorded under Section 161 Cr.P.C., the informant has categorically asserted that he was oblivious of the person as to who fired on him. In the subsequent statement, the informant has named co-accused Sangam who fired on him. There is no whisper about the assault being caused in the shape of gun shot on the injured. The case of the present appellant is distinguishable from co-accused Sangam who has been assigned the role of firing on the injured. 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 03.12.2020.

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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

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and having gone through the entire record 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 09.02.2021, rejecting the bail of the appellant is set aside.

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Let the accused-appellant Surya Kant Sharma @ Shanu 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 :- 26.8.2021 rkg

Surya Kant Sharma @ Shanu v. State of U.P. and Another

Case brief

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What did the court decide?

Surya Kant Sharma @ Shanu v. State of U.P. and Another

Case brief

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What the court decided

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