Allowed

Surajpal v. State of U.P. and Another

Allahabad HC22 Oct 2021CRLA/411/2020

Case brief

AI extract

What is this about?

This Criminal Appeal involves the appellant Surajpal, who challenged the Special Judge's order rejecting his bail. The High Court allowed the appeal, setting aside the impugned order and directing the release of the appellant on bail with bonds and sureties.

What did the court decide?

Impugned order dated 04.01.2020 rejecting bail set aside. Accused released on bail with personal bonds and two sureties.

Surajpal Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 411 of 2020

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Appellant :- Surajpal Respondent :- State of U.P. and Another Counsel for Appellant :- Sanjeev Mishra Gana,Abhinav Gaur,Lal Chandra Mishra,Vibhu Rai Counsel for Respondent :- G.A.,Kailash Chandra,Sunita Chauhan

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the appellant, learned counsel for the informant, learned A.G.A. for the State and perused the material available on record.

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This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 04.01.2020 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Bareilly, in Case Crime No.787 of 2018, under Sections 420, 406, 323, 504, 506, 120B I.P.C. and 3(1) Da and 3(1) (Dha) SC/ST Act, P.S. Izzat Nagar, District Bareilly.

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Contention, in brief, is that the applicant had neither committed any offence nor had he any occasion to indulge in commission of the crime, for the reason that the informant along with Chhatrapal and Gaurav Srivastava formed a group / company for sale/purchase of land and construction of the houses and the money obtained by them was appropriated in the account of Chhatrapal one of the co-accused. Now the role of the present applicant cannot be brought in to such act. However, only this much is stated that the applicant is also siding with the other coaccused. That way, the role of hatching conspiracy has been attributed to the present applicant. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 04.01.2020.

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Per contra, learned counsel for the informant has

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contended that the applicant participated in the alleged incident and he along with other coaccused had caused injury to the injured Neeraj.

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Learned A.G.A. has adopted the contention the learned counsel for the informant.

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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 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 04.01.2020, rejecting the bail of the appellant is set aside.

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Let the accused-appellant Surajpal involved in the aforesaid case crime number for the aforesaid offences 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.

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Order Date :- 22.10.2021 rkg

Surajpal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Surajpal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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