Allowed

Siyaram v. State of U.P. and Another

Allahabad HC11 Oct 2022CRLA/5910/2022

Case brief

AI extract

What is this about?

In this criminal appeal under the SC/ST (Prevention of Atrocities) Act, the High Court allowed the appellant's appeal against the rejection of bail. Finding that the appellant had made out a case despite the prosecution story lacking corroboration, the court set aside the lower court's order and granted bail on personal bond and sureties.

What did the court decide?

The impugned order rejecting bail was set aside. The appellant was released on bail on furnishing a personal bond and two sureties each.

Siyaram Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2022)

¶1

Court No. - 49

¶2

Case :- CRIMINAL APPEAL No. - 5910 of 2022

¶3

Appellant :- Siyaram Respondent :- State of U.P. and Another Counsel for Appellant :- Sushil Kumar,Mukul Yadav Counsel for Respondent :- G.A.,Upendra Kumar Pushkar

¶4

Hon'ble Nalin Kumar Srivastava,J.

¶5

Heard learned Counsel for the appellant-applicant, learned AGA and perused the record. Learned counsel for the complainant is not present even in the revised call.

¶6

This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant- Siyaram with the prayer to set aside the bail rejection order dated 10.8.2022 passed by learned Special Judge (SC/ST Act), Aligarh in Case Crime No. 297 of 2022 under Section 308, 323, 504, 506 I.P.C. and 3 (2) 5 A SC/ST Act, P.S.- Akrabad, District- Aligarh.

¶7

It has been submitted by learned Counsel for the appellant-applicant that the appellant is innocent and has falsely been implicated due to ulterior motive; that from perusal of the supplementary medical report, no external and internal damage was found on the body of the injured and no abnormality was detected by the doctor; that there is no independent witness of the occurrence; that the medical report does not corroborate with the prosecution story. Besides above submissions, the circumstances which according to learned counsel for the applicant led to the false implication of the accused-applicant has also been tried to be touched upon at length; that applicant is in jail since 20.07.2022 and that in the wake of heavy pendency of cases in the Court, there is no chances of any early conclusion of trial.

¶8

Learned AGA has opposed the submission made on behalf of the appellant.

¶9

I have considered the rival submissions made by learned Counsel for the parties and have gone through the entire record including the impugned order by which, bail application of the appellant-applicant has been rejected.

¶10

Having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, this Court is of the view that the appellant has made out a case for bail.

¶11

Accordingly, this appeal is allowed and finally disposed of . The impugned order rejecting the bail application of the appellant-applicant is set aside .

¶12

Let the above named accused-appellant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to following conditions;

¶13

The applicant will not tamper with the evidence during the trial.

¶14

The applicant will not pressurize/ intimidate the prosecution witness.

¶15

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶16

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

¶17

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶18

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶19

Needless to note that observation, if any, has come in this order, that is only for the purpose of deciding this appeal and learned Trial Judge will not be influenced in any manner while deciding the trial.

¶20

Order Date :- 11.10.2022//Fhd

¶21

Digitally signed by FAHAD NIYAZ Date: 2022.10.12 10:20:44 IST Reason: Location: High Court of Judicature at Allahabad

Siyaram v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Siyaram v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sartaj Vs State of U.P.

Kalu Abbas Vs State of U.P.

Anwar Vs State of U.P.

Shri Manoj Singh Bisen Vs State of U.P. and Another

Jay Singh Vs State of U.P. .and Another

Narendra Kumar Maurya Vs State of U.P. and Another