Allowed

Nadeem v. State of U.P. and Another

Allahabad HC11 Jun 2021CRLA/579/2021

Case brief

AI extract

What is this about?

An appeal against the rejection of bail was allowed. The Single Judge noted huge inconsistencies in medical reports and FIR statements, lack of adverse impact on trial, and appellant's clean record, thereby releasing the appellant on bail and setting aside the lower court order.

What did the court decide?

The appellant is released on bail with a personal bond and two sureties. The order dated 18.1.2021 rejecting bail is set aside.

Nadeem Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2021)

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Court No. - 77

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Case :- CRIMINAL APPEAL No. - 579 of 2021

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Appellant :- Nadeem Respondent :- State of U.P. and Another Counsel for Appellant :- Sandeep Tripathi,Atul Pandey Counsel for Respondent :- G.A.,Abhishe Pandey,Praveen Singh

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Hon'ble Pankaj Bhatia,J.

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

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This appeal has been preferred under Section 14 (A) (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, against the impugned order dated 18.1.2021 passed by learned Special Judge (SC/ST) Act, Muzaffaar Nagar in Bail Application No. 4493 of 2020 (Nadeem Vs. State of U.P.), arising out of Case Crime No. 350 of 2020, under Section 307 IPC and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Meerapur, District Muzaffar Nagar, whereby the bail application of the appellant has been rejected vide impugned order dated 18.1.2021.

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Counsel for the appellant argues that the FIR in question was delayed by about one day. He argues that from the perusal of the FIR, the allegations do not stand corroborated by the medical report, which is on record. He further argues that in the statement so recorded, the version were changed altogether. He further argues that it was a case of non-payment of dues and the appellant has been falsely implicated. The appellant has no criminal antecedents.

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Learned A.G.A. has opposed the bail prayer of the appellant.

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I have considered the allegations contained in the FIR as well as the statements recorded, which have huge inconsistencies. Further the appellant is in jail since 10.12.2020 and having no criminal record and there is nothing on record to demonstrate that the appellant if enlarged on bail, would in any way adversely affect the trial, the appellant is entitled to be enlarged on bail.

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Let appellant- Nadeem be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each to the satisfaction of the court concerned subject

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to following additional conditions, which are being imposed in the interest of justice:-

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The appellant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

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The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The order dated 18.1.2021 is set aside. The appeal is allowed.

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Order Date :- 11.6.2021 S. Rahman

Nadeem v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Nadeem 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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