Allowed

Abhishek Gupta v. State of U.P.

Allahabad HC9 Dec 2021CRLA/2875/2021

Case brief

AI extract

What is this about?

The Single Judge allowed the criminal appeal and set aside the bail rejection order in a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The court held that the appellant had made out a case for bail after considering the evidence and circumstances.

What did the court decide?

Impugned order rejecting bail set aside; appellant released on bail with personal bonds and two sureties.

Abhishek Gupta Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 64 Case :- CRIMINAL APPEAL No. - 2875 of 2021 Appellant :- Abhishek Gupta Respondent :- State of U.P. Counsel for Appellant :- Rakesh Kumar Gupta Counsel for Respondent :- G.A.

¶2

Hon'ble Saumitra Dayal Singh,J.

¶3

Counter and rejoinder affidavits filed today are taken on record.

¶4

Opposite party No. 1 is reported to be dead.

¶5

Heard Sri Rakesh Kumar Gupta 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 16.3.2021, passed by Special Judge SC/ST Act Meerut in Case Crime No. 766 of 2020, under Sections- 376, 328, 504, 506 IPC and Section 3(2)5 S.C./S.T.(Prevention of Atrocities) Act, Police Station - Medical, District - Ghaziabad whereby bail application of the appellant has been rejected.

¶7

At the outset, learned counsel for the appellant submits, against the FIR lodged on 18.10.2020 the appellant is in confinement since 22.2.2021; the appellant has no criminal history; chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted by learned counsel for the appellant that complete false accusation was made in the FIR for other disputes and reasons; besides the fact that the FIR was lodged one month and nine days after the date of incident, the dispute was first settled between the parties as is

¶8

evidenced from hand written document submitted before the police authorities which is annexure-3 to the affidavit accompanying the appeal; it has been submitted that independent witnesses have denied the occurrence in entirety; also it has been pointed out that other than the statement of the alleged victim there was no material to proceed against the applicant; also the victim died of other reasons.

¶9

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

¶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.

¶11

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.

¶12

Thus, in view of the above noted facts 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 have made out a case for bail.

¶13

Accordingly, this appeal is allowed and the impugned order dated 16.3.2021 rejecting the bail of the appellant is set aside.

¶14

Let the accused-appellant, namely, Abhishek Gupta 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.

¶15

Order Date :- 9.12.2021/Faraz

Abhishek Gupta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abhishek Gupta v. State of U.P.

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

Raj Kiran @ Neeraj Maurya Vs State of U.P.

Devendra Kumar Verma Vs State of U.P. and Another

Omkar Vs State of U.P.

Anil Kumar Vs State of U.P. and Another

Soran Vs State of U.P. and Another

Mukesh Kashyap Vs State of U.P. and Another