Allowed

Vijay and Another v. State of U.P. and Another

Allahabad HC3 Aug 2021CRLA/2040/2020

Case brief

AI extract

What is this about?

In a criminal appeal regarding mob violence under the SC/ST Act and IPC, the Special Judge's order rejecting bail was set aside. The court granted bail to the appellants, Vijay and Surendra Gurjar, directing them to furnish personal bonds and two sureties each.

What did the court decide?

The impugned order rejecting bail dated 28.05.2020 was set aside; appellants released on bail with personal bonds and two sureties each.

Vijay and Another 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. - 2040 of 2020

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Appellant :- Vijay And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Manoj Kumar Counsel for Respondent :- G.A.,Prashant Kumar Nishad

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the appellants, 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 The Scheduled Castes and Scheduled Tribes Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 28.05.2020, passed by the Special Judge, (S.C./S.T. Act), Sonbhadra in Special Session Trial No.110 of 2019, arising out of Case Crime No. 78 of 2019, under Sections - 147, 148, 149, 302, 307, 34 I.P.C., Section 3 (2) (5) of S.C./S.T. Act, 1989, and Section 3/27/30 Arms Act, Police Station Ghorawal, District Sonbhadra.

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Contention in brief is that the appellants are not named in the F.I.R. It was a mob violence case and police in order to easily work out the case has falsely implicated the appellants in this case. Similarly circumstanced, another co-accused - Rajbir Singh has already been admitted to bail by this Court in Criminal Appeal No.1506 of 2021, vide order dated 25.3.2021. Copy of bail order has been produced by learned counsel for the appellant, the same is taken on record. In case the appellants are admitted to bail, there is no possibility of their absconding or misusing the liberty of bail. The appellants have no criminal history and are languishing in jail since 19.10.2019.

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Learned A.G.A. has vehemently opposed the prayer for bail of the appellants.

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I have considered the rival submissions so made

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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 appellants.

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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 appellants has made out a case for bail.

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Accordingly, this appeal is allowed and the impugned order dated 28.05.2020, rejecting the bail of the appellant is set aside.

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Let the accused-appellants, namely, Vijay and Surendra Gurjar involved in the aforesaid crime be released on bail on their furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellants shall cooperate in the trial and will not jump the bail.

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Order Date :- 3.8.2021 rkg

Vijay and Another v. State of U.P. and Another

Case brief

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Vijay and Another v. State of U.P. and Another

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