Allowed

Kuldeep Singh and 2 Others v. State of U.P. and Another

Allahabad HC19 Jul 2023CRLA/6440/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the criminal appeal filed by the appellants challenging the rejection of their anticipatory bail application. The High Court held that the appellants had established a prima facie case for bail and set aside the lower court order.

What did the court decide?

Impugned order rejecting anticipatory bail application set aside; appellants released on bail with personal bond and sureties subject to conditions.

Kuldeep Singh and 2 Others Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:143456

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Court No. - 85

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Case :- CRIMINAL APPEAL No. - 6440 of 2023

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Appellant :- Kuldeep Singh And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Hemant Sharma,Saurabh Kumar 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 her behalf.

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Heard learned counsel for the appellants, 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 appellants with the prayer to set aside the anticipatory bail rejection order dated 27.01.2023 passed by learned Special Judge SC/ST (PA) Act), Bulandshahar in Anticipatory Bail Application No. 239 of 2023 of , arising out of Case Crime No. 393 of 2021, under Sections 147, 149, 452, 323, 504 IPC and Section 3 (2) 5 A of SC/ST (P.A.) Act, Police Station Jahangirabad, District Bulandshahar.

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Learned counsel for the appellants argued that the appellants have been falsely implicated in this case. There are cross versions of the incident registered by both the parties. Injuries have been caused to both the parties. General role have been assigned to all the accused-appellant. It is further submitted that similarly placed coaccused Pravendra Singh and Manedra @ Bhoora have already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 31.05.2023 passed in Criminal Appeal No. 1826 of 2023. The appellants do not have any criminal history to their credit. Lastly, it is submitted by learned counsel for the appellants that there is no chance of the appellants fleeing away from the judicial process or tampering with the prosecution evidence.

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Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid factual aspects of the matter.

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Having regard to the facts and circumstances of the case,

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submissions of learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, this Court is of the view that the appellants have made out a case for bail. The Court below erred in rejecting the anticipatory bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed.

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Accordingly, the appeal is allowed and the impugned order rejecting the anticipatory bail application of the appellants is setaside.

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Let the appellants, namely, Kuldeep Singh, Randeep Singh and Modi Singh involved in the above Case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The appellants will not tamper with the evidence during the trial.

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(ii) The appellants will not pressurize/intimidate the prosecution witness.

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(iii) The appellants will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The appellants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(v) The appellant 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.

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

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Order Date :- 19.7.2023 AKT

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

Kuldeep Singh and 2 Others v. State of U.P. and Another

Case brief

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Kuldeep Singh and 2 Others v. State of U.P. and Another

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