Allowed

Abhishek Tiwari @ Rishbh v. State of U.P. and Anr.

Allahabad HC14 Dec 2021CRLA/2016/2021

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal filed under Section 14-A(2) of the SC/ST Act, setting aside the lower court's order rejecting bail. Relying on the grant of bail to a co-accused in a similarly placed case, the Court ordered the release of the appellant on bail with conditions.

What did the court decide?

The impugned order rejecting bail is set aside; appellant shall be enlarged on bail by furnishing personal bonds and two sureties, subject to cooperation in the trial.

Abhishek Tiwari @ Rishbh Vs State of U.P. and Anr. — Bail and Remand | Allahabad HC (2021)

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Court No. - 64

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Case :- CRIMINAL APPEAL No. - 2016 of 2021

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Appellant :- Abhishek Tiwari @ Rishbh Respondent :- State Of U.P. And Anr Counsel for Appellant :- Rajesh Dwivedi Counsel for Respondent :- G.A.,Hari Nath Chaubey

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Hon'ble Saumitra Dayal Singh,J.

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List has been revised. None has appeared for the opposite party No. 2.

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Heard learned counsel for the applicant ; Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.

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This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 31.3.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act/II Additional District and Sessions Judge,Ramabai Nagar (Kanpur Dehat) in Case Crime No. 483 of 2020, under Sections - 302, 457, 380, 364, 201, 34, 411 IPC and Section 3(2)(v) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Bhognipur, District - Kanpur Dehat, whereby bail application of the appellant has been rejected.

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By a detailed order passed by the Court today in Criminal Appeal No. 2642 of 2021, similarly placed co-accused Satyam Sachan has been granted bail.

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In view of the above, at present, the order passed by the learned court below rejecting the bail application filed by the appellant, cannot be sustained.

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Without drawing any inference as to facts, in view of the above noted facts & submissions and having regard to the status

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of the evidence, as has been shown to exist on record, let the appellant be enlarged on bail at this stage.

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Accordingly, this appeal is allowed and the impugned order dated 31.3.2021, rejecting the bail of the appellant is set aside.

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Let the accused-appellant, namely, Abhishek Tiwari @ Rishbh, involved in the aforesaid crime 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 :- 14.12.2021 Faraz

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Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.12.14 17:59:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Abhishek Tiwari @ Rishbh v. State of U.P. and Anr.

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Abhishek Tiwari @ Rishbh v. State of U.P. and Anr.

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