Allowed

Nisar Raja @ Bablu v. State of U.P. and Anothers

Allahabad HC4 Jan 2021CRLA/2676/2020

Case brief

AI extract

What is this about?

In Criminal Appeal No. 2676 of 2020, the High Court allowed the appeal against the rejection of bail. The Court set aside the Special Judge's order and released the appellant on bail subject to supply of personal bond and sureties given the evidence and facts.

What did the court decide?

Impugned order dated 9.7.2020 rejecting bail set aside. Accused released on personal bond and two sureties subject to cooperation in trial.

Nisar Raja @ Bablu Vs State of U.P. and Anothers — Caste Atrocities | Allahabad HC (2021)

¶1

Court No. - 88

¶2

Case :- CRIMINAL APPEAL No. - 2676 of 2020

¶3

Appellant :- Nisar Raja @ Bablu Respondent :- State Of U.P. And Anothers Counsel for Appellant :- Santosh Kukmar Tiwari Counsel for Respondent :- G.A.,Sushil Kumar Pandey

¶4

Hon'ble Ajit Kumar,J.

¶5

Heard Sri Santosh Kumar Tiwari, learned Counsel for the appellant-applicant, learned AGA and perused the record.None is present on behalf of the complainant.

¶6

This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 has been preferred by the appellant- Nisar Raja @ Bablu with the prayer to set aside the order dated 9.7.2020 passed by learned Special Judge (SC/ST Act), Pilibhit in Bail Application No. 959 of 2020 rejecting the bail application in Case Crime No. 45 of 2020 under Sections 376, 420, 323, 506 I.P.C., Section 67 (A) I.T. Act and Section 3(2)(5) SC/ST Act, P.S.Seharamau Uttari, District- Pilibhit.

¶7

Allegations in the first information report are that when the complainant was doing pairavi for the release of her brother from jail, the applicant forcefully developed physical relationship with the complainant.

¶8

It has been submitted by learned Counsel for the appellantapplicant that the appellant is quite innocent and has been falsely implicated for ulterior motive. It is further argued that the victim is a consenting party and is major as per medical examination report. It is also argued that there is no criminal history of the applicant in the past. It is also submitted that though the charge sheet has been submitted in the present case, but 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 3.6.2020.

¶9

Though 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 and that the victim is major as per medical report.

¶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 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.

¶11

Accordingly, this appeal is allowed and the impugned order dated 9.7.2020 rejecting the bail of the appellant is set aside.

¶12

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.

¶13

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.

¶14

Order Date :- 4.1.2021 Deepika

Nisar Raja @ Bablu v. State of U.P. and Anothers

Case brief

What is this about?

What did the court decide?

Nisar Raja @ Bablu v. State of U.P. and Anothers

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

Dharm Raj Vs State of U.P. and 3 Others

Shailendra Singh Vs Commissioner of Commercial Tax and 2 Others

C/M Baba Satyadev Junior High School and Another Vs State of U.P. and 5 Others

Hari Singh Vs State of Up and Another

Faiyyaz Vs State of U.P.

Saurabh Gupta @ Panchu Gupta Vs State of U.P.