Allowed

Abutaliv v. State of U.P. and Another

Allahabad HC21 Jan 2021CRLA/2074/2020

Case brief

AI extract

What is this about?

Special Criminal Judge allowed the appellant's appeal under Section 14-A(2) of the SC/ST Act, setting aside an order that rejected his bail application. The accused was ordered to be released on bail upon furnishing a personal bond and two sureties.

What did the court decide?

Impugned order rejecting bail set aside; accused to be released on personal bond and two sureties subject to cooperation in trial and no jumping of bail.

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

¶1

Court No. - 88

¶2

Case :- CRIMINAL APPEAL No. - 2074 of 2020

¶3

Appellant :- Abutaliv Respondent :- State of U.P. and Another Counsel for Appellant :- Viresh Kumar Gupta Counsel for Respondent :- G.A.,Ganesh

¶4

Hon'ble Ajit Kumar,J.

¶5

Heard learned Counsel for the appellant-applicant, learned counsel for the complainant, learned AGA and perused the record.

¶6

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- Abutaliv with the prayer to set aside the order dated 10.6.2020 passed by learned Special Judge (SC/ST Act), Sonbhadra in Bail Application No. 592 of 2020 rejecting the bail application in Case Crime No. 36 of 2020 under Sections 376, 323, 504, 506 I.P.C. and Section 3(2)(V) SC/ST Act, P.S.- Wyndhamganj, District- Sonbhadra.

¶7

Allegations in the first information report are that the daughter of the informant aged about 18 years when had gone to answer the nature's call was caught from behind by the informant and was physically over-powered her and raped her. Thereafter she was threatened of life.

¶8

It has been submitted by learned Counsel for the appellantapplicant that the appellant is quite innocent and has been falsely implicated for ulterior motives. It is further argued that though the version of the FIR is reiterated in the statement of the victim recorded under Section 164 Cr.P.C. but the medical examination report does not corroborate the incident as alleged to have taken place. There is no sign or mark of injury represented upon the body of the victim to atleast establish primafacie case of overpowering her and committing rape upon her. 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 23.5.2020.

¶9

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.

¶10

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.

¶11

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.

¶12

Accordingly, this appeal is allowed and the impugned order dated 10.6.2020 rejecting the bail of the appellant is set aside.

¶13

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.

¶14

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.

¶15

Order Date :- 21.1.2021 Deepika

Abutaliv v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Abutaliv v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shani @ Sarvesh Kumar Gupta Vs State of U.P. and Another

Mahipal Vs State of U.P. and Another

Ram Pravesh Puri Vs State of U.P. and Another

Pankaj Yadav Vs State of U.P. and Another

Abhishek Singh Vs State of U.P. and Another

Kallu and Another Vs State of U.P. and Another