Allowed

Chhotu Singh @ Parbes Singh v. State of U.P. and Another

Allahabad HC8 Jun 2021CRLA/719/2021

Case brief

AI extract

What is this about?

Appeal against an order denying bail in a criminal case under the SC/ST Act involving IPC 307. The High Court considered the delay in filing the FIR and weapon recovery. Finding no antecedents and no threat to the trial, the court allowed the appeal and granted bail.

What did the court decide?

The appellant was released on bail by furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to additional conditions of attending trial and not tampering with

Chhotu Singh @ Parbes Singh Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 77

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Case :- CRIMINAL APPEAL No. - 719 of 2021

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Appellant :- Chhotu Singh @ Parbes Singh Respondent :- State Of U.P. And Another Counsel for Appellant :- Ankita Singh,Anita Singh Counsel for Respondent :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Counter affidavit filed today is taken on record.

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Heard Ms. Ankita Singh, learned counsel for the applicant and learned A.G.A. for the respondents.

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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 19.10.2020 passed by learned Additional Sessions Judge/Special Judge (SC/ST) Act, Allahabad in Bail Application No. 4104 of 2020 (Chhotu Singh Alias Parbes Singh Vs. State of U.P.), arising out of Case Crime No. 245 of 2020, under Sections 307 IPC and Section 3(2)(V) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station Audyogik Kshetra, District Allahabad/Prayagraj.

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The contention of counsel for the applicant is that the incident is said to be of 10.09.2020 whereas the FIR was lodged after two days on 12.09.2020. She further argues that the alleged recovery of the weapon took place after 6 days i.e. on 16.07.2020. She further argues that except the statement of the informant, there is no material on record to justify the implication of the applicant with the offence in question. She further argues that the applicant has no criminal antecedents other than the offence referred to in the FIR in question.

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

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On perusal of the record it is clear that the applicant is in custody since 16.09.2020. Although the delay in the writing of the FIR cannot be said to be fatal, however the recovery of the weapon after 6 days supports the argument of the counsel for the applicant.

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Considering the fact that the appellant has no criminal

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antecedents 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- Chhotu Singh @ Parbes Singh 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 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 19.10.2020 is set aside. The appeal is allowed.

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Order Date :- 8.6.2021 piyush

Chhotu Singh @ Parbes Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Chhotu Singh @ Parbes Singh 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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