Allowed

Murari Lal v. State of Up and Another

Allahabad HC9 Jun 2021CRLA/988/2021

Case brief

AI extract

What is this about?

This court allowed an appeal against an order rejecting bail in an SC/ST Act case. The court released the appellant on bail, finding no record to show enlargement would adversely affect the trial, despite the appellant's detention since January 23, 2021.

What did the court decide?

Appellant released on bail with personal bond and two local sureties; impugned order dated 01.02.2021 quashed.

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

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Court No. - 77 Case :- CRIMINAL APPEAL No. - 988 of 2021 Appellant :- Murari Lal Respondent :- State of U.P. and Another Counsel for Appellant :- Virendra Kumar Gupta Counsel for Respondent :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard counsel for the appellant and Sri Om Prakash Mishra, learned AGA for the State.

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The present appeal under section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed against the order dated 01.02.2021 passed by Special Judge, SC/ST Act, Rampur in Case Crime No. 424 of 2017 under section 354, 354D, 504, 506 IPC and section 3(1)11 of SC/ST Act, Police Station Azim Nagar, District Rampur whereby the bail application of the applicant has been rejected.

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Learned AGA states that the notices have been issued to the opposite party no. 2.

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The counsel for the appellant argues that the FIR version itself is highly improbable. It was further argued that there is no eye witness in this case and no medical examination of victim was conducted. The appellant is innocent and he has been falsely implicated in the instant case. It was lastly submitted that the appellant is in jail since 23.1.2021.

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Per contra, learned A.G.A. has opposed the bail prayer of the appellant.

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Considering the fact that the appellant is in custody since 23.1.2021 and there is nothing on

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record to demonstrate that if the appellant is enlarged on bail would affect the trial adversely, the appellant is entitled to be enlarged on bail.

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Let the appellant-Murari Lal involved in Case Crime No. 424 of 2017 under section 354, 354D, 504, 506 IPC and section 3(1)11 of SC/ST Act, Police Station Azim Nagar, District Rampur, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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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 appeal is allowed and the order dated 01.02.2021 passed by Special Judge, SC/ST Act, Rampur is hereby quashed.

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Order Date :- 9.6.2021 Puspendra

Murari Lal v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Murari Lal 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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