Allowed

Vasim v. State of Up and Another

Allahabad HC24 Aug 2021CRLA/973/2021

Case brief

AI extract

What is this about?

The court allowed an appeal against the rejection of bail in a case filed under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. Finding inconsistencies in the FIR and statements, along with no impact on the trial, bail was granted subject to conditions.

What did the court decide?

The order dated 18.1.2021 was set aside, and the appellant was released on bail subject to a personal bond and two sureties with specific conditions.

Vasim Vs State of Up and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 973 of 2021

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

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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 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 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 one. 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. Under the similar circumstances co- accused Nadeem has already been admitted to bail by coordinate Bench of this Court on 11.06.2021 in Criminal Appeal No.579 of 2021, copy where of has been produced by the learned counsel for the appellant, the same is taken on record. Criminal history of the appellant has been successfully explained by the appellant in paragraph no.5 to the supplementary affidavit filed in support of this appeal.

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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- Vasim 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 18.1.2021 is set aside. The appeal is allowed.

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Order Date :- 24.8.2021 Raj

Vasim v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Vasim v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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