Allowed

Dinesh Bind v. State of Up and Another

Allahabad HC8 Jun 2021CRLAD/285/2021

Case brief

AI extract

What is this about?

This appeal challenged an impugned bail order for the appellant. A criminal appeal defectiveness application was filed to condone delay, which was allowed. The court reviewed victim statements indicating a dispute over abduction and the appellant's lack of criminal antecedents, granting bail after condoning the initial delay.

What did the court decide?

Appellant released on bail with personal bond and sureties; impugned order of 14.09.2020 set aside.

Dinesh Bind Vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 77

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Case :- CRIMINAL APPEAL DEFECTIVE No. - 285 of 2021

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Appellant :- Dinesh Bind Respondent :- State of U.P. and Another Counsel for Appellant :- Rudra Kant Mishra,Subhash Chandra Tiwari Counsel for Respondent :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Order on Civil Misc. Delay Condonation Application

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Cause shown for delay in filing the appeal is sufficient. Delay is condoned.

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Accordingly the application is allowed.

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Order on Appeal.

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Heard learned counsel for the appellant.

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Despite notice no one has put in appearance on behalf of opposite party.

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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 14.09.2020 passed by learned Special Judge (SC/ST) Act, Jaunpur in Bail Application No. 78 of 2020 CNR No.UPJSP010045242020 in connection with Case Crime No. 121 of 2020, under Sections 363, 366, 504, 506 IPC and Section 3(2)(V) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station Sarpatha, District Jaunpur.

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The contention of counsel for the appellant is that in the FIR allegation was levelled by the father of the opposite party to the effect that his daughter has been abducted by the appellant. Subsequently, the girl was recovered and in her statement recorded under Section 161 Cr.P.C. she stated that she had gone of her own free will with the appellant and was not abducted. In the second statement recorded under Section 164 Cr.P.C. the victim deposed against four persons of having committed rape on her, however with regard to the appellant she specifically stated that she does not even know the appellant. The

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said statements of the victim are on record. Counsel for the appellant further draws my attention to the fact that 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 statement on record coupled with the fact that 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- Dinesh Bind 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 14.09.2020 is set aside. The appeal is allowed.

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Order Date :- 8.6.2021 piyush

Dinesh Bind v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Dinesh Bind 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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Statutes considered

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