Allowed

Amar Singh v. State of U.P. and Anr.

Allahabad HC28 Jan 2021CRLA/319/2020

Case brief

AI extract

What is this about?

In a criminal appeal against rejection of bail under the SC/ST (Prevention of Atrocities) Act, the Court set aside the impugned order dated 24th December 2019. The appellant was granted bail to be released on personal bond and two sureties, with conditions to cooperate in trial.

What did the court decide?

The impugned order rejecting bail was set aside, and the appellant was directed to be released on bail with a personal bond and two sureties.

Amar Singh Vs State of U.P. and Anr. — Caste Atrocities | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL APPEAL No. - 319 of 2020

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Appellant :- Amar Singh Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Pavan Kumar Kushwaha,Jitendra Kumar Yadav,Upendra Kumar Singh Counsel for Respondent :- G.A.,Pradeep Kumar Sharma

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Hon'ble Ajit Kumar,J.

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Heard learned counsel for the parties 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 24th December, 2019 passed by learned Special Judge, SC/ ST Bareilly in Case Crime No.- 315 of 2019 under Sections 147, 148, 364, 452, 323, 504, 307, 34 I.P.C. and Sections 3 (1) (da), (dha) & 3(2)(V) of SC/ST (Prevention of Atrocities) Act, Police Station- Bhojipura, District- Bareilly.

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As per the allegations made in the first information report the accused applicant named in the first information report armed with weapons broke into the house of informant and hurled abuses with casteist remarks and also physically assaulted both the informant and his wife.

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Learned counsel for the applicant has argued that the appellant is an innocent person and has been falsely implicated in the present case. It is also argued that all the accused persons including unknown persons have been assigned general role of physical assault and abuses with casteist remarks. It is also argued that four accused persons, namely, Randheer Singh, Mahipal and Rahul Katiyar (named in the F.I.R.) and Hukum Katiyar (not named in the F.I.R.) who has subsequently implicated in the present case, have already been granted bail by this Court vide orders dated 13th January, 2021 (Criminal Appeal No.- 1232 of 2020), 12th February, 2020 (Criminal Appeal No.- 5243 of 2019), 17th March, 2020 (Criminal Appeal No. 7044 of 2019 and 18th December, 2019 (Criminal Appeal No.- 7042 of 2019 respectively. 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 4th July, 2019.

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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 24th December, 2019 rejecting the bail of the appellant is set aside.

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Let the accused-appellant, namely, Amar Singh 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 :- 28.1.2021 Atmesh

Amar Singh v. State of U.P. and Anr.

Case brief

What is this about?

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Amar Singh v. State of U.P. and Anr.

Case brief

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