Allowed

Prem Pal v. State of U.P.

Allahabad HC26 Oct 2021CRLA/3063/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal filed under Section 14-A(2) of the SC/ST Act against bail rejection orders. Finding the case baseless and the trial likely barred by pendency, the court set aside the lower court orders and granted bail.

What did the court decide?

Impugned orders rejecting bail were set aside; appellant released on bail with a personal bond and two sureties subject to cooperation in trial.

Prem Pal Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 3063 of 2021

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Appellant :- Prem Pal Respondent :- State of U.P. Counsel for Appellant :- Sanjay Srivastava Counsel for Respondent :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the appellant, learned Additional Government Advocate for the State and perused the record.

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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 03.09.2020 passed by Session Judge, Bulandshahr and order dated 24.11.2020 passed by the court of Special Judge (SC/ST Act) Bulandshahr in Case Crime No.255 of 2020, under Section 302 I.P.C. and Section 3(2)5 of SC/ST Act, P.S. Debai, District Bulandshahr.

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Learned counsel for the appellant has argued that the appellant is an innocent person and has been falsely implicated in the present case on account of village party- bandi . He has not named in the first information report. He has nothing to do with the offence in question. He has got no nexus with the crime in question and merely on the basis of confessional statement of the wife of the deceased, a false and concocted story was set up that the appellant was having illicit relationship with the wife of the deceased. The entire charge is baseless. There is no independent witness and no legal evidence against the appellant. Offences levelled against the appellant are not attracted in the present case. 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 28.07.2020.

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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 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 03.09.2020 and 24.11.2020 rejecting the bail of the appellant is set

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aside.

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Let the accused-appellant, namely, Prem Pal 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.

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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 :- 26.10.2021 Raj

Prem Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prem Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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