Allowed

Digendra Alias Vijendra Alias Dk v. State of U.P. and Another

Allahabad HC1 Aug 2024CRLA/5075/2024

Case brief

AI extract

What is this about?

In Criminal Appeal No. 5075 of 2024, the Allahabad High Court allowed the appellant's appeal against the Special Judge's bail rejection order dated 02.04.2024, quashing the impugned order and granting bail subject to specific conditions.

What did the court decide?

The bail rejection order dated 02.04.2024 was set aside, and the appellant was released on bail upon furnishing a personal bond and two heavy sureties subject to specific conditions.

Digendra Alias Vijendra Alias Dk vs State of U.P. and… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:170877

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Court No. - 88

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Case :- CRIMINAL APPEAL No. - 5075 of 2024

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Appellant :- Digendra Alias Vijendra Alias Dk Respondent :- State of U.P. and Another Counsel for Appellant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi

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Counsel for Respondent :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Compliance affidavit relating to service of notice on the respondent filed by learned A.G.A. today is taken on record.

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Heard learned counsel for the appellant as well as learned A.G.A. and perused the entire record.

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This criminal appeal under Section 14-A (2) 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 02.04.2024 passed by the learned Special Judge (SC/ST Act), Bijnor.

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It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. Further submitted that role of making assault with sword was assigned to the present appellant but all the injuries said to be caused were simple in nature, therefore, the case does not come within the ambit of Section 307 I.P.C. but comes within the purview of Section u/s 324 I.P.C. The Court below while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. Learned counsel for the appellant also referred to the amended provisions of SC/ST Act. Appellant is in jail since 05.02.2024 having no criminal antecedent. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court.

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Learned A.G.A. opposed the prayer as aforesaid.

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I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record

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including the impugned order carefully.

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Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application. The impugned order dated 02.04.2024 suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is to be allowed.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

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Let the appellant- Digendra Alias Vijendra Alias Dk involved in Case Crime No.03 of 2024, under Sections 307/34, 323/34, 504, 506 I.P.C. and 3(2)(5) SC/ST Act, Police Station Nangal, District Bijnor be released on bail on furnishing a personal bond and two heavy 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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The appellant will not tamper with the evidence during the trial.

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The appellant will not pressurize/ intimidate the prosecution witness.

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The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The appellant 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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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 :- 24.10.2024 Ashok Gupta

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

Digendra Alias Vijendra Alias Dk v. State of U.P. and Another

Case brief

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Digendra Alias Vijendra Alias Dk v. State of U.P. and Another

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