Shahid @ Kare v. State of U.P. and Another
Case brief
What is this about?
Criminal appeal filed by appellant to challenge bail rejection order. Court found trial court did not properly consider appellant's case and statements were not fully evaluated. Bail granted to appellant under Article 21 rights and overcrowding concerns without merits comment.
What did the court decide?
Appellant Shahid @ Kare released on bail with personal bond and two reliable sureties subject to standard bail conditions including attendance in court and non-interference with witnesses.
What the court decided
Neutral Citation No. - 2023:AHC:221137
Court No. - 85
Case :- CRIMINAL APPEAL No. - 10671 of 2023
Appellant :- Shahid @ Kare Respondent :- State of U.P. and Another Counsel for Appellant :- Sushil Kumar Pandey Counsel for Respondent :- G.A.,Sunil Kumar Yadav
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the appellant, learned counsel for the informant, learned AGA for opposite party no.1 and perused the material placed on record.
The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the impugned order dated 29.09.2023 whereby the Special Judge, SC/ST Act, Mathura has rejected the bail application of the appellant moved by him in Bail Application No.3999 of 2023, under Sections 323, Shahid @ Kare vs State of U.P. arising out of case crime no.98 of 2023, u/s 302 IPC and Section 3(2) (v) of SC/ST Act, Police Station Nauhjheel, District Mathura.
The case of the prosecution as per FIR is that on 19.4.2023 son of the informant, namely, Saheb Singh left his house but could not return by the night. On 20.04.2023, his dead body was found in a field near the canal. His motorcycle was also not traceable.
Issues for consideration
3 issues framed by the court
Whether the order rejecting bail against the appellant warrants interference in a case involving offences under the SC/ST Act and IPC.
Whether the trial court properly considered the appellant's case and the weight of evidence, particularly regarding retracted statements.
Whether bail should be granted considering Article 21 rights and jail overcrowding without expressing an opinion on the merits of the case.
Parties & counsel
- appellant
Shahid @ Kare
- respondent
State of U.P.
- respondent
State of U.P. and Another (mathura)
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- CRLA/10671/2023
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