Allowed

Michael Pani v. State of Up and Another

Allahabad HC10 Jun 2021CRLA/978/2021

Case brief

AI extract

What is this about?

In this criminal appeal, the High Court allowed the bail application of the appellant who had been rejected by the Special Judge. The court relied on the lack of medical corroboration and the absence of criminal antecedents to grant bail with standard conditions.

What did the court decide?

Appellant released on bail with personal bond, two sureties, and conditions preventing tampering with witnesses and attending trial.

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

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Court No. - 77

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Case :- CRIMINAL APPEAL No. - 978 of 2021

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Appellant :- Michael Pani Respondent :- State of U.P. and Another Counsel for Appellant :- Swati Agrawal Srivastava Counsel for Respondent :- G.A.

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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 3.2.2021 passed by learned Special Judge (SC/ST) Act, Azamgarh in Bail Application No. 373 of 2021 (Michael Pani Vs. State of U.P.), arising out of Case Crime No. 60 of 2020, under Sections 498, 376, 323, 504, 506 IPC and Sections 3 (1)R, 3(1)S and 3(2)(V) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station Devgaon, District Azamgarh. The Presiding Officer has rejected the bail application of the appellant vide impugned order dated 3.2.2021.

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Counsel for the appellant argues that an FIR was registered on 8.3.2020 alleging that on 16.1.2020, the wife of the informant was taken by the appellant by inducing that she will be blessed with a son. It is on record that the informant and the victim got married in the year 1991 and do not have any child. In the statement under Section 164 Cr.P.C, it was alleged that as the victim did not have a child, the appellant induced her that if she goes with the appellant, she can be blessed with a son and subsequently she was raped. The medical report on record does not in any manner corroborate the allegations as levelled against the appellant. The appellant is about 40 years of age and the victim is also a major. The FIR in question itself was lodged after about two months of the alleged incident. 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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Considering the entire submissions made, coupled with the fact that the appellant has no criminal antecedent and medical report does not corroborate prima facie the prosecution story and there is nothing on record to demonstrate that the appellant if enlarged on bail, would in any way adversely affect the trial,

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the appellant is entitled to be enlarged on bail.

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Let appellant- Michael Pani 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 3.2.2021 is set aside. The appeal is allowed.

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Order Date :- 10.6.2021 S. Rahman

Michael Pani v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Michael Pani v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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