Allowed

Abhishek Singh v. State of U.P. and Another

Allahabad HC21 Jan 2021CRLA/1841/2020

Case brief

AI extract

What is this about?

In an appeal against the rejection of bail, the High Court held that the appellant had made out a case for bail. The appeal was allowed, the impugned order was set aside, and the accused was directed to be released on personal bond with sureties. The bench noted that the co-accused had already been granted bail.

What did the court decide?

The impugned order rejecting bail was set aside; the appellant is directed to be released on bail with personal bond and two sureties.

Abhishek Singh Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL APPEAL No. - 1841 of 2020

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Appellant :- Abhishek Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Mohd. Ashraf Abbasi Counsel for Respondent :- G.A.,P.K. Singh

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Hon'ble Ajit Kumar,J.

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Heard learned Counsel for the appellant-applicant, learned counsel for the complainant, learned AGA 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- Abhishek Singh with the prayer to set aside the order dated 10.2.2020 passed by learned Special Judge (SC/ST Act), Kanpur Nagar in Bail Application No. 110 of 2020 rejecting the bail application in Case Crime No. 1161 of 2019 under Sections 302, 394, 411, 120-B I.P.C. and Section 3(2)(V) SC/ST Act, P.S.- Kalyanpur, District- Kanpur Nagar.

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Allegations in the first information report are that the informant found the deadbody of the deceased lying in the pool of blood inside the house when he entered the house after coming from the field. Applicant's name came to be incorporated in present case crime number with addition of certain Sections after recovery made from the co-accused, of some money, mobile phone and blood stained shirt. It is in the confessional statement of the accused that the applicant before this Court who is the tenant of the informant, was taken as a mastermind for hatching conspiracy to commit loot and murder as both of them were unemployed and were in alleged dire need of money.

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It has been submitted by learned Counsel for the appellantapplicant that the appellant is quite innocent and has been falsely implicated for ulterior motive. It is next submitted that co-accused, Rohit Singh, has already been granted bail by this Court in Criminal Appeal No.1863 of 2020 vide order dated 6.1.2021 and the case of the applicant stands on the identical footing. It is also argued that there is no criminal history to the credit of the applicant. It is also submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicant is languishing in jail since 7.12.2019.

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Per contra, the appeal has been opposed vehemently by the counsel for the complainant as well as the learned A.G.A. but they could not dispute the aforesaid facts.

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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. Nothing convincing has been argued on behalf of the complainant/State to justify and sustain the order of the court below rejecting the bail applications of the appellants.

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Thus, in view of the above 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 10.2.2020 rejecting the bail of the appellant is set aside.

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Let the above named accused-appellant 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 applicant 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 :- 21.1.2021 Deepika

Abhishek Singh v. State of U.P. and Another

Case brief

What is this about?

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Abhishek Singh v. State of U.P. and Another

Case brief

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