Allowed

Hirdesh @ Motay v. State of U.P. and Another

Allahabad HC30 Jul 2024CRLA/7257/2024

Case brief

AI extract

What is this about?

Criminal appeal against rejection of bail in a case involving simple injuries and Sections 323, 504 IPC and 3(1)(r) SC/ST Act. The High Court held the appellant had made out a case for bail, set aside the impugned order, allowed the appeal, and granted bail with conditions.

What did the court decide?

Appellant released on bail on personal bond and two heavy sureties, impugned bail-rejection order set aside.

Hirdesh @ Motay vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:170351

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 7257 of 2024

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Appellant :- Hirdesh @ Motay Respondent :- State of U.P. and Another Counsel for Appellant :- Om Prakash Yadav,Sanjay Kr. Srivastava

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Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the appellant, learned AGA for the State and perused the record.

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The present criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the bail rejection order dated 11.07.2024 passed by the court of learned Addl. Session Judge/Special Judge (X.C./S.T. Act), Kannauj rejecting the bail prayer of appeallant in Bail Application No. 1002 of 2024 in Case Crime No. 172 of 2020, under Sections 323, 504 IPC and Sections 3(1)(r) of SC/ST Act, Police Station Saurikh, District Kannauj.

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It is contended by the counsel for the appellant that general role of causing injury has been assigned to the appellant. The injuries caused to the injured are simple in nature except to Sarvendra. It has been also submitted that the incident has taken place at about 08:00 pm and there is no independent witness of the incident. It is next submitted that the appellant has no criminal history and he is languishing in jail since 03.07.2024.

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Per contra, learned A.G.A. opposed the prayer for bail and could not dispute the aforesaid facts.

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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 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

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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 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- Hirdesh @ Motay involved in Case Crime No. 172 of 2020, under Sections 323, 504 IPC and Sections 3(1)(r) of SC/ST Act, Police Station Saurikh, District Kannauj 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 Nisha/Shivani

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Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad

Hirdesh @ Motay v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Hirdesh @ Motay v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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