Allowed

Anil Rajpoot @ Munna v. State of U.P. and Another

Allahabad HC2 Sept 2021CRLA/1680/2021

Case brief

AI extract

What is this about?

In this criminal appeal, Special Judge SC/ST Act, Jalaun rejected the appellant's bail. The High Court held the rejection unjustified as the appellant was named late via a co-accused's confession and faced no personal incriminating evidence. The bail appeal was allowed.

What did the court decide?

The impugned order was set aside and the appellant was directed to be released on bail by providing personal bonds and two sureties.

Anil Rajpoot @ Munna Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 1680 of 2021

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Appellant :- Anil Rajpoot @ Munna Respondent :- State of U.P. and Another Counsel for Appellant :- Ram Surat Patel 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 10.2.2021 passed by Special Judge SC/ST Act, Jalaun at Orai in bail application No. 10 of 2021, Sessions Trial No. 13 of 2021 arising out of Case Crime No. 780 of 2020, under Sections 364A, 323, 504, 506, 120B I.P.C. and 3(2)5 SC/ST Act, P.S. Kotwali Orai, District Jalaun.

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Contention, in brief, is that the general and vague allegations have been made against the appellant. Nothing appears to be specific against the appellant in the first information report. But the main allegation regarding motive to commit offence has been imputed to the other two named accused persons. The appellant is not named in the first information report. The name of the appellant came into light in the confessional statement of the co-accused Babu Pal who has already been enlarged on bail by this Court. It has been further submitted that nothing incriminating has been recovered from the possession of the applicant. Similarly circumstanced co-accused Brijendra @ Bhajju has also been granted bail by this Court vide order dated 19.7.2021 in Criminal Appeal No. 83 of 2021. 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 29.10.2020.

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Learned A.G.A. has vehemently opposed the

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prayer for bail of the appellant but could not dispute the fact that the similarly situated coaccused Brijendra @ Bhajju has already been enlarged on bail.

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I have considered the rival submissions so made 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 10.2.2021, rejecting the bail of the appellant is set aside.

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Let the accused-appellant- Anil Rajpoot @ Munna 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 :- 2.9.2021 Ankita

Anil Rajpoot @ Munna v. State of U.P. and Another

Case brief

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Anil Rajpoot @ Munna v. State of U.P. and Another

Case brief

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What the court decided

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