Appeal against dismissal of bail and discharge application on charges under SC/ST Act and IPC. Court examined impugned order dated 22.06.2023. Held that injuries and report supported offence; appeal lacked merit and was dismissed.
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Neutral Citation No. - 2024:AHC:149499
Court No. - 83
Case :- CRIMINAL APPEAL No. - 3831 of 2024
Appellant :- Vinay Kumar Alias Pakhandi And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Bipin Kumar,Mohd. Naushad Siddiqui Counsel for Respondent :- G.A.
Hon'ble Saurabh Srivastava,J.
argued that from perusal of the complaint or the statements recorded under Section 200 and 202 Cr.P.C., no offence is made out against appellants under the SC/ST Act and also ingredients of offence under Section 323, 504, 506 IPC are missing but without considering the said facts, learned court concerned without applying its judicial mind, passed the order impugned which is liable to be quashed.
Order Date :- 12.9.2024 Vivek Kr.
Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the learned Additional Sessions Judge erred in dismissing the bail application and discharge application without applying judicial mind.
Whether the impugned order upholding the conviction and discharge rejection was legally unsustainable.
5 provisions across 2 enactments
Vinay Kumar Alias Pakhandi And 2 Others
State of U.P. and Another
Saurabh Srivastava
Vivek Kumar
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
