In this criminal appeal, the Single Judge allowed the appeal against the rejection of the appellant's bail application. The court quashed the bail rejection order and directed the release of the appellant on bail.
The impugned order rejecting bail is set aside; the appellant is released on bail by furnishing personal bonds and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 64
Case :- CRIMINAL APPEAL No. - 4737 of 2021
Appellant :- Gilla @ Ramesh Respondent :- State of U.P. and Another Counsel for Appellant :- Arvind Kumar Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
In fact, the alleged victim girl had formed the relationship with and married Ram Babu. She co-habited with him for months. These facts have been admitted by her in her statement recorded under Section 164 Cr.P.C. However for reason of other disputes and differences, simultaneously, she has made inherently improbable allegations against the appellant. 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 S.Chaurasia
3 issues framed by the court
Whether the bail application of the appellant, involving allegations under IPC 376-D and SC/ST Act, should be allowed.
Whether the impugned order rejecting the bail application under the Supreme Court/High Court under Section 14-A of the SC/ST Act requires interference.
Whether the appellant should be released on bail subject to conditions during pendency of the trial.
3 provisions across 2 enactments
Gilla @ Ramesh
State of U.P.
Saumitra Dayal Singh
S. Chaurasia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
