Allowed

Vishnu Gupta v. State of U.P.and Another

Allahabad HC13 Sept 2021CRLA/1800/2021

Case brief

AI extract

What is this about?

The Single Judge quashed the Special Court's rejection of a bail application under the SC/ST (Prevention of Atrocities) Act, allowing issuance of bail with personal bonds and sureties due to lack of convincing evidence.

What did the court decide?

The appellant, Vishnu Gupta, is released on bail upon furnishing a personal bond and two sureties of like amount, subject to conditions of cooperation in trial.

Vishnu Gupta Vs State of U.P.and… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 1800 of 2021

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Appellant :- Vishnu Gupta Respondent :- State Of U.P.And Another Counsel for Appellant :- Rajesh Yadav,Ruchi Mishra 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 Additional Government Advocate for the State and perused the 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 01.03.2021 passed by Special Judge (SC/ST) Act, Sonbhadra in Bail Application No.270 of 2021, Vishnu Gupta versus State of U.P. arising out of Complaint Case No.129 of 2019, under Sections 323, 504, 506, 452 IPC and Section 3(1) (s) of the SC and ST (Prevention of Atrocities) Act, 1989, Police Station- Pipari, District Sonbhadra.

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Learned counsel for the appellant has argued that the appellant is an innocent person and has been falsely implicated in the present case. The appellant has no motive to commit the offence. Criminal history of the appellant has been successfully explained in paragraph no.29 to the affidavit filed in support of this appeal. There is no any single evidence regarding that any incident took place as stated in the application under Section 156(3) Cr.P.C. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The appellant is languishing in jail since 22.10.2020.

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Learned Additional Government Advocate has though opposed the bail of the appellant but could not dispute the aforesaid fact.

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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-applicant 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 01.03.2021 rejecting the bail of the appellant is set aside.

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Let the accused-appellant, namely, Vishnu Gupta involved in the aforesaid crime be released on bail on his furnishing a personal bond 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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The concerned Court/ Authority/ Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 13.9.2021 Raj

Vishnu Gupta v. State of U.P.and Another

Case brief

What is this about?

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Vishnu Gupta v. State of U.P.and Another

Case brief

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