Allowed

Rajendra v. State of Up and Anoter

Allahabad HC22 Oct 2021CRLA/2175/2021

Case brief

AI extract

What is this about?

High Court allowed Criminal Appeal by Rajendra challenging bail rejection. Court found no convincing reason to sustain rejection of bail and set aside the lower court order, releasing the appellant on personal bonds and sureties.

What did the court decide?

Appeal allowed; impugned bail rejection order set aside; accused released on personal bonds and two sureties on condition of cooperation.

Rajendra Vs State of Up and Anoter — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 50

¶2

Case :- CRIMINAL APPEAL No. - 2175 of 2021

¶3

Appellant :- Rajendra Respondent :- State Of Up And Anoter Counsel for Appellant :- Saumitra Dwivedi,Ajay Kumar Sharma,Atul Sharma Counsel for Respondent :- G.A.

¶4

Hon'ble Arvind Kumar Mishra-I,J.

¶5

Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.

¶6

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 12.05.2021, passed by Additional Sessions Judge/Special Judge, SC/ST Act, Agra, in Case Crime No.0091 of 2021, under Sections - 306, 342, 504 & 506 I.P.C. & 3(2)(va) SC/ST Act, Police Station - Fatehabad, District - Agra.

¶7

Contention, in brief raised on behalf of the appellant is confined to the extent that the prosecution's assertion is to the impact that it is not a case of murder, but it is a case of suicide and that too without any rhyme or reason. What fault the applicant committed is that he has given the money as was required of the deceased for his livelihood. Fact is that some amount of arrear to the tune of Rs. 33,000/- was found due against the deceasedJeetu, who in order to avoid the payment threatened the appellant that he will not return the money and committed suicide. No pressure was ever exercised by the appellant upon him. If it is so, how can the appellant be said to have ever incited the deceased to commit suicide. 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 15.03.2021.

¶8

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

¶9

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.

¶10

Nothing convincing has been argued on behalf of the complainant/State so as to justify and sustain the order passed

¶11

by the court below rejecting the bail application of the appellant.

¶12

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.

¶13

Accordingly, this appeal is allowed and the impugned order dated 12.05.2021, rejecting the bail of the appellant is set aside.

¶14

Let the accused-appellant - Rajendra 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.

¶15

Order Date :- 22.10.2021 S Rawat

¶16

Digitally signed by Justice Arvind Kumar Mishra Date: 2021.10.25 15:29:01 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Rajendra v. State of Up and Anoter

Case brief

What is this about?

What did the court decide?

Rajendra v. State of Up and Anoter

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

Vivek @ Vikki Vs State of U.P. and Another

Rohit Patel Vs State of U.P. and Another

Javed Vs State of U.P. and Another

Surajpal Vs State of U.P. and Another

Raju Jaid Vs State of U.P.

Rahul Vs State Of U.P.