Criminal appeal under Section 14-A(2) SC/ST Act against rejection of bail in a case of extortion and assault with caste abuse. The court found a case for bail, set aside the rejection order, and released the appellant on bail with conditions.
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Neutral Citation No. - 2025:AHC:92388
Court No. - 80
Case :- CRIMINAL APPEAL No. - 245 of 2025
Appellant :- Abhay Dubey Alias Mathri Respondent :- State of U.P. and Another Counsel for Appellant :- Shikhar Awasthi Counsel for Respondent :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
main assailants and the appellant has played no role in the alleged incident. It is further submitted that the injured in his statement u/s 161 Cr.P.C. has not assigned any role to the present appellant.
It is also submitted that co-accused Vijay Shankar Dubey @ Baba Dubey and Bheem @ Sunil Pandey, having almost identical role, have been granted bail by this Court vide orders dated 6.5.2024 and 16.10.2024 while allowing the criminal appeal nos.2700 of 2024 and 5139 of 2024 filed by them respectively. The case of the present appellant is not distinguishable to that of co-accused, who have been enlarged on bail, therefore, the present appellant is also entitled to be released on bail on the ground of parity.
It is further submitted that the bail application of the appellant has been rejected in an illegal manner by the Special Judge (S.C./S.T. Act). It is further submitted that the Court concerned 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. It is also submitted that the appellant is languishing in jail since 9.10.2023 having no criminal antecedents to his credit. 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.
(i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness.
(iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) 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.
(v) 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.
Order Date :- 28.5.2025 ss
Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Special Judge erred in rejecting the appellant's bail application under the SC/ST Act.
Whether the appellant was entitled to bail on parity with co-accused already released.
7 provisions across 3 enactments
Abhay Dubey Alias Mathri
State of U.P.
Nalin Kumar Srivastava
As recorded by the court registry
4 orders share this CNR
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