Allowed

Anshul v. State of U.P. and Another

Allahabad HC22 Aug 2024CRLA/8139/2024

Case brief

AI extract

What is this about?

Criminal appeal under Section 14-A(2) SC/ST Act against rejection of bail in a rape/kidnapping case. Appellant, earlier released on bail in 2016, surrendered on 21.6.2024 after non-bailable warrant. Court held a case for bail was made out, set aside the impugned order and allowed the appeal.

What did the court decide?

Impugned bail rejection order set aside; appellant released on bail on personal bond with two heavy sureties, subject to stated conditions.

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

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Neutral Citation No. - 2024:AHC:173946

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 8139 of 2024

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Appellant :- Anshul Respondent :- State of U.P. and Another Counsel for Appellant :- Keshari Nath Tripathi,Pramod Kumar Singh

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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 15.7.2024 passed by Special Judge (SC/ST Act)/Additional Sessions Judge, Bulandshahr in Bail Application No. 3597 of 2024 (Anshul vs. State of U.P.) in S.S.T. No. 1428 of 2019, Case Crime No. 214 of 2015 under Sections 376, 363, 366, 368 IPC and Section 3(2)(v) of SC/ST Act, Police Station Khanpur, District Bulandshahr.

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It has been submitted by learned counsel for the appellant that the appellant was released on bail on 15.12.2016 by the Coordinate Bench of this Court in Criminal Misc. Bail Application NO. 43820 of 2016. Due to non-appearance, the non-bailable warrant was issued and the proceeding under Section 83 Cr.P.C. was initiated. The appellant surrendered on 21.6.2024 and is languishing in jail since then. Learned counsel for the appellant states that he shall participate and cooperate in the court proceedings.

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Per contra, learned A.G.A. opposed the prayer for bail but 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 the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. The Court below

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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-Anshul involved in Case Crime No. 214 of 2015 under Sections 376, 363, 366, 368 IPC and Section 3(2)(v) of SC/ST Act, Police Station Khanpur, District Bulandshahr 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 :- 6.11.2024 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Anshul v. State of U.P. and Another

Case brief

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Anshul v. State of U.P. and Another

Case brief

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