Allowed

Shiv Singh Yadav v. State of U.P. and Another

Allahabad HC26 Aug 2021CRLA/636/2021

Case brief

AI extract

What is this about?

In a criminal appeal challenging a bail rejection order under the SC/ST Act, the Single Judge allowed the appeal. Relying on the prosecutrix's denial of the FIR story and lack of criminal history in the appellant, the Court set aside the rejection order and granted bail.

What did the court decide?

The impugned order rejecting bail is set aside, and the appellant is released on bail with personal bonds and two sureties subject to conditions of cooperating in the trial and not jumping bail.

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

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 636 of 2021

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Appellant :- Shiv Singh Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Lal Mani Singh,Raghuvir Sharan Singh Counsel for Respondent :- G.A.,Shiv Shankar Kaithal

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Hon'ble Arvind Kumar Mishra-I,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 Criminal Appeal under Section 14-A of SC/ST (Prevention of Atrocities) Act, 1989 as amended, has been preferred by the appellant with the prayer to set aside the order dated 18.01.2021 passed by 2nd Additional District & Sessions Judge / Special Judge SC/ST Act, Rambai Nagar / Kanpur Dehat in Case Crime No. 570 of 2020, under Sections 323, 452, 376, 506 I.P.C. and 3(2)(v) SC/ST (Prevention of Atrocities) Act 1989, P.S. Ghatampur, District Kanpur Nagar.

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Contention in brief is that the prosecutrix is major as she has stated herself to be 19 years of age. In her statement recorded under section 164 Cr.P.C., she has denied the story as described in the first information report. The story as set up in the first information report can be completely overlooked in view of the statement of the prosecutrix recorded under section 164 Cr.P.C. wherein she has categorically stated that no such offence has ever been committed by the appellant. 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 14.12.2020.

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

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I have considered the rival submissions so made and having gone through the entire record

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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 18.01.2021, rejecting the bail of the appellant is set aside.

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Let the accused-appellant Shiv Singh Yadav 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 :- 26.8.2021

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Gss

Shiv Singh Yadav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shiv Singh Yadav 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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