Allowed

Sidharth Yadav @ Dimpu Yadav v. State of U.P.and Another

Allahabad HC2 Sept 2021CRLA/1702/2021

Case brief

AI extract

What is this about?

In this criminal appeal against bail rejection under the SC/ST Act, the Single Judge held that the appellant's involvement was casual. Upon noting that the appellant had no criminal history and the impugned order required no strong justification, the court set aside the rejection and granted bail, excluding the benefit from a co-accused shooter.

What did the court decide?

Impugned bail rejection order set aside; appellant released on bail with personal bonds and two sureties.

Sidharth Yadav @ Dimpu Yadav Vs State of U.P.and Another — Allahabad HC (2021) — LawSathi Research

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 1702 of 2021

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Appellant :- Sidharth Yadav @ Dimpu Yadav Respondent :- State Of U.P.And Another Counsel for Appellant :- Sameer Jain 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 S.C./S.T. Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 06.03.2021, passed by Special Judge S.C./S.T. Act, Varanasi, in Case Crime No. 593 of 2020, under Section - 302 I.P.C. and 3(2)(5) S.C./S.T. Act, Police Station - Bhelupur, District - Varanasi.

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Contention, in brief, is that in this case, the involvement of the appellant is casual and perfunctory, mere guess work was done by the informant at the instance of some informer. The name of the appellant has been involved in this case only on account of tip off information given by the informer. The appellant allegedly was driving the motor cycle in question and pillion rider was the person, who is allegedly shooter, namely, Vikas Kumar Rai. The case of the present appellant is highly distinguishable from co-accused Vikas Kumar Rai, who has been assigned the role of shooting on the deceased. 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 22.11.2020.

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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 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

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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 06.03.2021, rejecting the bail of the appellant is set aside.

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Let the accused-appellant - Sidharth Yadav @ Dimpu Yadav 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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It is made clear that advantage of this bail order shall not be given to the co-accused Vikas Kumar Rai, who has been assigned specific role of shooting on the deceased.

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Order Date :- 2.9.2021 S Rawat

Sidharth Yadav @ Dimpu Yadav v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Sidharth Yadav @ Dimpu Yadav v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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