Allowed

Kamlesh @ Dhillu v. State of U.P. and Another

Allahabad HC3 Aug 2021CRLA/2133/2021

Case brief

AI extract

What is this about?

In Criminal Appeal No. 2133 of 2021, the High Court dismissed the State's opposition and allowed the appeal against the rejection of bail. The court found the appellant had made a case for bail, set aside the impugned order, and directed release on bonds and two sureties.

What did the court decide?

The appeal is allowed; the impugned order rejecting bail is set aside, and the accused is ordered released on bail with personal bonds and two sureties.

Kamlesh @ Dhillu Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 2133 of 2021

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Appellant :- Kamlesh @ Dhillu Respondent :- State of U.P. and Another Counsel for Appellant :- Raj Narayan Singh 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 25.03.2021, passed by Special Judge S.C./S.T. (P.A.) Act/Special Judge (D.A.A.) Act, Chitrakoot in Case Crime No. 93 of 2020, under Sections - 452, 354, 504, 506 I.P.C. and Section - 3(2)5-a, 3(1)(s) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Police Station - Rajapur, District - Chitrakoot.

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Contention raised on behalf of the appellant has been confined to the extent that the appellant is innocent and has been falsely implicated in this case. No offence has been committed by the appellant. Absolutely vague and baseless allegations have been levelled against him. 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 18.03.2021.

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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 25.03.2021, rejecting the bail of the appellant is set aside.

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Let the accused-appellant - Kamlesh @ Dhillu 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 :- 3.8.2021 S Rawat

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Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.05 15:01:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Kamlesh @ Dhillu v. State of U.P. and Another

Case brief

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Kamlesh @ Dhillu v. State of U.P. and Another

Case brief

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