Allowed

Sankatha v. State of U.P.and Another

Allahabad HC14 Dec 2021CRLA/1600/2021

Case brief

AI extract

What is this about?

This criminal appeal under the SC/ST (Prevention of Atrocities) Act, 1989 was allowed. The High Court set aside the order rejecting the appellant's bail, noting that co-accused were already enlarged on bail. Bail was granted with conditions.

What did the court decide?

Impugned order dated 15.03.2021 rejecting bail set aside; accused-appellant released on personal bonds and two sureties.

Sankatha 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. - 1600 of 2021

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Appellant :- Sankatha Respondent :- State Of U.P.And Another Counsel for Appellant :- Satya Prakash Shukla Counsel for Respondent :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Satya Prakash Shukla, learned counsel for the appellant; 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 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 15.03.2021 passed by learned Special Judge, SC/ ST (Prevention of Atrocities) Act, Sonbhadra in Special Session Trial No.- 110 of 2019, arising out of Case Crime No.- 78 of 2019, under Sections 147, 148, 149, 302, 307/34, I.P.C. and Sections 3(2)(V) of SC/ST (Prevention of Atrocities) Act 1989, Police Station- Ghorawal, DistrictSonbhadra. whereby bail application of the appellant has been rejected.

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At the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Neeraj Rai and Dharmendra @ Munna have already been enlarged on bail by this Court in Criminal Appeal Nos. 2235 of 2021 and 4840 of 2021 vide orders dated 23.10.2021 and 25.11.2021 respectively. For the reasons contained in those orders, the present appellant is also entitled to bail. Further, it has been submitted, the appellant has no criminal history.

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Accordingly, this appeal is allowed and the impugned order dated 15.03.2021 rejecting the bail of the appellant is set aside.

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Let the accused-appellant, namely, Sankatha , 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 :- 14.12.2021 Nitendra

Sankatha v. State of U.P.and Another

Case brief

What is this about?

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Sankatha v. State of U.P.and Another

Case brief

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