Dismissed

Yashpal v. State of U.P. and Another

Allahabad HC11 Jul 2023CRLA/5246/2023

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed a criminal appeal under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appellant sought bail after his rejection by the Special Judge. The Court found insufficient grounds to grant bail given the nature of offences and criminal history, dismissing the appeal.

What did the court decide?

Bail application and criminal appeal were dismissed; appellant remains in custody.

Yashpal Vs State of U.P. and Another — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:136751

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Court No. - 85

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Case :- CRIMINAL APPEAL No. - 5246 of 2023 Appellant :- Yashpal Respondent :- State of U.P. and Another Counsel for Appellant :- Sunil Kumar Dubey Counsel for Respondent :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Learned A.G.A. submits that notice upon the informant/opposite party no.2 has been duly served but no one has put in appearance on his behalf.

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Heard learned counsel for the appellant, learned Additional Government Advocate for the State of U.P. and perused the record.

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This criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 18.04.2023 passed by learned Special Judge (SC/ST Act), Bijnore in Bail Application No. 1034 of 2023, arising out of Case Crime No. 318 of 2021, under Sections 323, 406, 504, 506 I.P.C. & Section 3(2) 5 Ka of SC/ST Act, Police Station Noorpur, District Bijnore.

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It is submitted by the learned counsel for the appellant that appellant is innocent and he has been falsely implicated in the present case. It is further submitted that appellant and some other co-accused persons are involved in share trading work. As per

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the allegation of first information report, informant invested Rs. 4,00,000/- and as a guarantee one cheque was given by the appellant and it was said that the first installment will be given after one month on 10.11.2020 and on 10.11.2020 the first installment of Rs. 36,000/- was given in cash and said that 10% of Rs. 40,000/- i.e. Rs. 4,000/- has been sent to the Income Tax Department. On 25.11.2020 in the presence of witnesses, informant gave Rs. 5,00,000/- to Yaman S/o Yashpal Singh. In the month of December, 2020, appellant told that he is taking his terminal for share trading in which money has been spent and he will give the benefit in January, 2021 but the money was not paid. Thereafter, on 04.08.2021, informant went to the house of appellant where he abused and beaten to him. It is further submitted that there is no evidence that informant paid any amount to the appellant. Criminal history of the appellant has been explained in para-11 of the afÏdavit filed in support of the appeal. The appellant is languishing in jail since 04.04.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

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Per contra, learned A.G.A. vehemently opposed the prayer for bail contending that criminal history of the appellant indicates that the cases pending against him are of identical nature. So far as payment of Rs. 5,00,000/- to Yaman is concerned, he is the son of

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the appellant. The appellant collected the amount from the informant for share trading but he did not return the same. Appellant threatened and abused the informant by his caste related words. Hence, the appeal is liable to be dismissed.

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Having regard to the facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, I do not find it fit case for bail.

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Accordingly, the criminal appeal is dismissed.

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Order Date :- 11.7.2023 AKT

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Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

Yashpal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Yashpal v. State of U.P. 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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