Allowed

Darvesh Fauji v. State of U.P. and Another

Allahabad HC16 Dec 2021CRLA/2669/2021

Case brief

AI extract

What is this about?

In this criminal appeal under the SC/ST (Prevention of Atrocities) Act, 1989, the court allowed the appeal, set aside the order rejecting bail, and released the appellant on personal bonds and sureties, noting that co-accused were already on bail.

What did the court decide?

The impugned order rejecting bail dated 05.04.2021 is set aside; appellant released on bail on personal bonds and two sureties subject to conditions.

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

¶1

Court No. - 64

¶2

Case :- CRIMINAL APPEAL No. - 2669 of 2021

¶3

Appellant :- Darvesh Fauji Respondent :- State of U.P. and Another Counsel for Appellant :- Shri Prakash Mishra,Bal Mukund Singh Counsel for Respondent :- G.A,Bajrang Lal

¶4

Hon'ble Saumitra Dayal Singh,J.

¶5

Heard Sri Bal Mukund Singh, learned counsel for the appellant; Sri Ashwani Prakash Tripathi, learned AGA for the State and perused the material placed on record.

¶6

This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 05.04.2021, passed by Special Judge, S.C./S.T. Act, (Prevention of Atrocities) Act, 1989, Ghaziabad in Case Crime No.0078 of 2020, under Sections - 147, 323, 302, 201 I.P.C. & 3(2)5 of S.C./S.T. Act, P.S. Nandgram, District - Ghaziabad, whereby bail application of the appellant has been rejected.

¶7

At the outset, learned counsel for the appellant states, in exact similar allegations, co-accused Satveer and Ankit Kumar have already been enlarged on bail by this Court in Criminal Appeal Nos. 2681 of 2021 and 3242 of 2021, vide orders dated 17.11.2021 and 29.10.2021 respectively. For the reasons contained in those orders, the present appellant is also entitled to bail. Further, it has been submitted, the appellant has no criminal history. Also, it has been submitted, the allegations of violation under SC/ST Act are general and made to lend colour to the story.

¶8

Accordingly, this appeal is allowed and the impugned order dated 05.4.2021, rejecting the bail of the appellant is set aside.

¶9

Let the accused-appellant, namely, Darvesh Fauji , involved in the aforesaid crime 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.

¶10

Order Date :- 16.12.2021 Faraz

Darvesh Fauji v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Darvesh Fauji 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

Dilip @ Raseedul Haq Vs State of U.P.and Another

Ajay Yadav Vs State of U.P.

Hamza Vs State of U.P. and Another

Gore Lal Vs Staten of Up and Another

Kuldeep @ Vikram Vs State of U.P. and Another

Rauf Vs State of U.P and Another