The High Court allowed a criminal appeal under Section 14-A(2) of the SC/ST Act, setting aside an order rejecting bail. The appellant was directed to be released on bail by furnishing bonds and sureties to cooperate in the trial.
Bail granted to the appellant Kamta Prasad on personal bonds and two sureties, subject to cooperation in the trial.
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Court No. - 64
Case :- CRIMINAL APPEAL No. - 3998 of 2021
Appellant :- Kamta Prasad Respondent :- State of U.P. and Another Counsel for Appellant :- Virendra Singh Parmar,Hariom Singh Counsel for Respondent :- G.A.,Shivakant Singh
Hon'ble Saumitra Dayal Singh,J.
Insofar as the present applicant Kamta Prasad is concerned bald allegations have been made against him of having promised to obtain refund of the money to the informant. That transaction is subsequent and disjointed to the allegations of the offence alleged. Thus the case of the present applicant is different from that of the other co-accused. Also, it has been submitted, the allegations of violation under SC/ST Act are general and made to lend colour to the story.
Order Date :- 10.12.2021 shiv
2 issues framed by the court
Whether the bail order passed by the Special Judge rejecting bail of the appellant can be sustained.
Whether the appellant is entitled to enlarge on bail given the stage of investigation and evidence.
3 provisions across 3 enactments
Kamta Prasad
State of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
