Allowed

Mahipal v. State of U.P. and Another

Allahabad HC20 Jan 2021CRLA/463/2020

Case brief

AI extract

What is this about?

In a criminal appeal under Section 14-A(2) of the SC/ST Act, the High Court set aside the Special Judge's order rejecting bail. The court held that the appellant made out a case for bail by questioning the validity of the F.I.R. and lack of medical examination.

What did the court decide?

The impugned order dated 17.12.2019 rejecting bail is set aside. The accused is released on personal bond and two sureties.

Mahipal Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL APPEAL No. - 463 of 2020

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Appellant :- Mahipal Respondent :- State of U.P. and Another Counsel for Appellant :- Kuldeep Johri Counsel for Respondent :- G.A., Apul Misra, Rabindra Tiwari

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Hon'ble Ajit Kumar,J.

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Heard learned counsel for the appellant and learned Additional Government Advocate for the State respondents.

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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 17th December, 2019 passed by Special Judge, SC/ ST (Prevention of Atrocities) Act, Pilibhit in Bail Application No.2146 of 2019 rejecting the bail application arising out of Case Crime No. 529 of 2019 (State vs Mahipal) Under Sections 452, 376, 323, 506 IPC and Section 3(2)(5) SC/ST Act, Police Station Bisalpur, District Pilibhit.

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As per the allegations made in the first information report and as per the statement recorded under Section 164 Cr.P.C., when informant was all alone at home at about 10 A.M. in the morning of 1st June 2019, the accused-appellant Mahipal having an evil eye broke into house of the informant and started abusing her and when the informant protested then he forced her down and on point of country made pistol, committed rape upon her.

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It is argued on behalf of the appellant that this first information report was lodged through an application under Section 156(3) Cr.P.C. only as a counter blast to a first information report lodged by the appellant against the son of informant for enticing away his minor daughter in which subsequently charge sheet has been submitted and trial is going on. It is also argued that medical examination of the victim had not been done. It is next argued that there is no criminal history to the credit of the appellant.

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Learned Additional Government Advocate has though opposed the bail of the appellants but could not dispute the above 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,

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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 17th December, 2019, rejecting the bail of the appellant is set aside.

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Let the accused-appellant, namely, Mahipal 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 appellant 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 :- 20.1.2021 A.Kr.

Mahipal v. State of U.P. and Another

Case brief

What is this about?

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Mahipal v. State of U.P. and Another

Case brief

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