Allowed

Nehru v. State of U.P. and Another

Allahabad HC4 Aug 2021CRLA/2070/2020

Case brief

AI extract

What is this about?

This criminal appeal challenged the order rejecting a bail application. The High Court allowed the appeal, setting aside the rejection order and granting bail to the appellant on personal bonds and sureties, noting the identity of facts with a co-accused already granted bail.

What did the court decide?

Bail granted to appellant Nehru on personal bond and two sureties, each of like amount, subject to the condition of cooperating in trial and not jumping bail.

Nehru Vs State of U.P. and Another — Pension and Retirement Benefits | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 2070 of 2020

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Appellant :- Nehru Respondent :- State of U.P. and Another Counsel for Appellant :- Dhirendra Kumar Srivastava,Deo Dayal 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 06.01.2020 passed by Special Judge, SC/ST Act, Mirzapur, in Bail Application No. 1274 of 2019, arising out of case crime no. 96 of 2019, under Sections 147, 148, 323, 504, 506, 427, 325, 307, 447 I.P.C., Section 3 (1) (r), 3 (1) (s) and Section 3 (2) (5) SC/ST Act, Police Station- Ahraura, DistrictMirzapur.

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Contention, in brief, is that similarly circumstanced co-accused Budhe has already been admitted to bail by coordinate Bench of this Court in Criminal Appeal No.135 of 2020 on 10.02.2020. The case of the present applicant is identical to that of coaccused 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 06.10.2019.

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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

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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 06.01.2020, rejecting the bail of the appellant is set aside.

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Let the accused-appellant Nehru involved in the aforesaid case crime number for the aforesaid offences 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 :- 4.8.2021 rkg

Nehru v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Nehru 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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Issues for consideration

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