Dismissed

Nikit v. State of U.P. and Another

Allahabad HC5 May 2023CRLA/1058/2023

Case brief

AI extract

What is this about?

Criminal Appeal against bail rejection dismissed. Appellant, a Scheduled Castes woman accused of participating in riots and offences including attempt to murder and outraging modesty, sought bail. The High Court found it was not a fit case for bail at this stage and dismissed the appeal, directing expedited trial.

What did the court decide?

The criminal appeal was dismissed. The trial is directed to conclude within one year from the date of this order.

Nikit Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2023)

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Reserved On:- 26.04.2023 Delivered On:- 05.05.2023

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Case :- CRIMINAL APPEAL No. - 1058 of 2023 Appellant :- Nikit Respondent :- State of U.P. and Another Counsel for Appellant :- Hemant Kumar Counsel for Respondent :- G.A.,Santosh Kumar Upadhyay,Vinod Kumar Upadhyay

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Hon'ble Siddharth, J.

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Heard Sri Hemant Kumar, learned counsel for the appellant; learned AGA for opposite party no.1; Sri Rishabh Pandey, Advocate, holding brief of Sri Santosh Kumar Upadhyay learned counsel for opposite party no.2 and perused the material placed on record.

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The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant, Nikit , to set aside the impugned order dated 02.01.2023, whereby the Special Judge, SC/ST Act, Meerut has rejected the bail application of the appellant moved by her in Case Crime No. 224 of 2022, under Sections- 147, 148, 149, 307, 323, 302, 452, 354, 354(kha), 504, 506 IPC and Section 3(2)(V) of SC/ST Act, Police Station- Mundali, District- Meerut.

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There is allegation in the first information report against 25 named and 50-60 unknown accused belong to upper caste of committing the offences of rioting, forming illegal assembly with common object of causing the offences of attempt to murder, outraging modesty of women, disrobing women, beating and threatening of members of schedule caste community.

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Learned counsel for the appellant submits that there are general allegations made against a large number of persons without any specific role assigned to them in the alleged offence. He is submitted that in the statement of the women recorded under section 164 Cr.P.C., they have not named the appellant. No incriminating recovery has been made from the possession of the appellant. The appellant has been implicated after 15 days of the incident in the statement of the witnesses. He is in jail since 30.11.2022 and has no criminal history.

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Learned counsel for the informant has pointed out to the statements of the witnesses recorded by the investigating officer when specific role has been assigned to the appellant of making the assault on the members of the committee of other side. It is alleged that on the exhortation of coaccused, Ajay Kumar, the appellant and co-accused, Kuldeep, caused injuries to Bhoop Saran, post of the is also allegation against the appellant that Virendra stones abused and threatened. The injured aforesaid of subsequently died.

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Learned A.G.A has vehemently opposed the appeal of the appellant.

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After hearing the rival contentions, this Court finds that it is not a fit case for granting bail to the appellant at this stage.

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The criminal appeal is accordingly, dismissed .

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Trial court is directed to conclude the trial of the appellant as expeditiously as possible preferably within a period of one year from the date of production of certified copy of this order.

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Order Date :- 05.05.2023

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Rohit

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Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

Nikit v. State of U.P. and Another

Case brief

What is this about?

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Nikit v. State of U.P. and Another

Case brief

What is this about?

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