Criminal appeal under the SC/ST Act against rejection of bail in a rape case with caste-atrocity provisions. The court found the lower court had not properly considered the appellant's case and released him on bail with conditions.
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Neutral Citation No. - 2024:AHC:146168
Court No. - 71
Case :- CRIMINAL APPEAL No. - 6721 of 2024
Appellant :- Mohammad Azam Respondent :- State Of U.P. And Another Counsel for Appellant :- Aftab Ahamad,Nitin Sharma Counsel for Respondent :- G.A.
Hon'ble Mayank Kumar Jain,J.
parties and from perusal of material on record that the court below has not properly considered the case of the appellant. Hence, in view of above consideration, the order of rejection of bail passed by the court below dated 17.05.2024 is, hereby, set aside.
(i) 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.
(ii) The appellant shall not pressurize/intimidate the prosecution witnesses.
(iii) The appellant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.
(iv) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.
(v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(vi) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.
as abuse of liberty of bail and proceed in accordance with law.
Order Date :- 9.9.2024 Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the appellant should be enlarged on bail notwithstanding the rejection of his bail application by the Special Judge, SC/ST Act, Fatehpur.
5 provisions across 4 enactments
Mohammad Azam
State Of U.P.
Opposite party no.2
Mayank Kumar Jain
As recorded by the court registry
3 orders share this CNR
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