Allowed

Sunil Kumar Patel v. State of Up and Another

Allahabad HC8 Jan 2021CRLA/2289/2020

Case brief

AI extract

What is this about?

In this criminal appeal under the SC/ST (Prevention of Atrocities) Act, the Allahabad High Court set aside the Special Judge's order rejecting the bail application. The court found no convincing justification for the prior rejection and allowed the appellant's release on bail.

What did the court decide?

Impugned order dated 30.7.2020 set aside; accused released on personal bond and two sureties with conditions.

Sunil Kumar Patel Vs State of Up and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL APPEAL No. - 2289 of 2020

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Appellant :- Sunil Kumar Patel Respondent :- State of U.P. and Another Counsel for Appellant :- Anil Kumar Mishra Counsel for Respondent :- G.A.,Rajesh Yadav

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Hon'ble Ajit Kumar,J.

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Heard Sri Anil Kumar Mishra, learned counsel for the appellant, Sri Rajesh Yadav, learned counsel for the complainant and learned Additional Government Advocate for the State respondent.

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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 with the prayer to set aside the order dated 30th July, 2020 passed by Special Judge, SC/ ST (Prevention of Atrocities) Act, Sonebhadra in Bail Application No.- 798 of 2020 rejecting the bail application arising out of Case Crime No.- 418 of 2020 under Sections 376, 342, 323, 504, 506, 452 I.P.C. and Sections 3(2)(V) of SC/ST (Prevention of Atrocities) Act, Police Station- Robertsganj, District- Sonebhadra.

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As per the allegations in the first information report while the informant was living in a rented room she was dragged inside the room by the appellant and rape was committed upon her.

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Learned counsel for the appellant has submitted that the appellant is an innocent person and has been falsely implicated in the present case. It is further submitted that three days after the incident, medical examination was conducted and there is no sign of injury shown on the body of the informant though as per the first information report forcefully she was meted out with sexual assault. It is also argued that there is no previous criminal history to the credit of the applicant. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The appellant is languishing in jail since 16th September, 2020.

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Learned Additional Government Advocate has though opposed the bail of the appellant but could not dispute the aforesaid fact.

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I have considered the rival submissions so made and having

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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 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 30th July, 2020 rejecting the bail of the appellant is set aside.

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Let the accused-appellant, namely, Sunil Kumar Patel involved in the aforesaid crime be released on bail on their 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.

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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.

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Order Date :- 8.1.2021 Atmesh

Sunil Kumar Patel v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Sunil Kumar Patel v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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