Allowed

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

Allahabad HC13 Sept 2021CRLA/1914/2021

Case brief

AI extract

What is this about?

The Single Judge allowed this criminal appeal preferring to set aside an order rejecting bail. The court observed that the appellant had no criminal history and that a co-accused in similar circumstances was granted bail, finding the appellant had made out a case for release.

What did the court decide?

Impugned order dated 01.04.2021 setting aside; Appellant released on bail with personal bond and two sureties.

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

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 1914 of 2021

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Appellant :- Amit Singh Respondent :- State Of U.P.And Another Counsel for Appellant :- Sanjeev Kumar Singh,Vimalendra Kumar Upadhyay 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 01.04.2021 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Mau, in Case Crime No.119 of 2021, under Sections 147, 148, 332, 352, 353, 323, 504, 506, 307 I.P.C., 3(1) (Dha) SC/ST Act, 3/4 Medical Protection Act and 7 Criminal Law Amendment Act, P.S. Lakhansi, District Mau.

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Contention, in brief, is that in this case, similarly circumstanced co-accused Monu Yadav has already been admitted to bail by coordinate Bench of this Court in Criminal Appeal No.2014 of 2021 on 08.07.2021. The case of the present applicant is identical to that of co-accused who has already been admitted to bail. 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 26.03.2021.

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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 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 01.04.2021, rejecting the bail of the appellant is set aside.

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Let the accused-appellant Amit Singh involved in the aforesaid case crime number for the aforesaid offences be released on bail on her 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 :- 13.9.2021 rkg

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

Case brief

What is this about?

What did the court decide?

Amit Singh 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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